Legal Opinion

Wilmer W. Evans v. Frank A. Eyman, Warden Arizona State Prison, and State of Arizona

Court of Appeals for the Ninth Circuit

Decided July 13, 1966No. 20260PublishedCited by 12 opinions

1Opinion of the Court

HAMLEY, Circuit Judge:

Wilmer W. Evans, in Arizona penal custody following his state conviction and sentence for first-degree murder, appeals from a district court order, entered without hearing, denying his application for a writ of habeas corpus.

Nine asserted grounds for relief ai;e set out in Evans’ application for a writ, We agree with appellee, however, that only one of these presents a question cognizable in a federal habeas corpus proceeding by a state prisoner. That ground is stated in the application as follows:

“Conspiracy between the County Prosecutor and 2 inmates to lie under Oath…

2Cases cited5 opinions

  1. Townsend v. SainSupreme Court of the United States · 1963
  2. Napue v. IllinoisSupreme Court of the United States · 1959
  3. MacHibroda v. United StatesSupreme Court of the United States · 1962
  4. Walker v. JohnstonSupreme Court of the United States · 1941
  5. Billy Joe Wright v. Fred R. Dickson, Warden, California State PenitentiaryCourt of Appeals for the Ninth Circuit · 1964

3Cited by12 opinions

  1. Imbler v. CravenDistrict Court, C.D. California · 1969
  2. State v. RobbinsNew Mexico Supreme Court · 1967
  3. Wilmer W. Evans v. State of ArizonaCourt of Appeals for the Ninth Circuit · 1969
  4. Frank Antonio Pavao v. Harold J. Cardwell, Warden, Arizona State PrisonCourt of Appeals for the Ninth Circuit · 1978
  5. Robert Alton Harris v. Daniel Vasquez, Warden of California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 1991

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