Legal Opinion

United States of America Ex Rel. G. Daniel Walker v. Jacob B. Gunn, People of the State of California v. G. Daniel Walker

Court of Appeals for the Ninth Circuit

Decided February 12, 1975No. 74-2785, 74-2593PublishedCited by 52 opinions

1Opinion of the Court

OPINION

James M. CARTER, Circuit Judge. Petitioner G. Daniel Walker appeals from an order denying his motion for relief pursuant to Fed.R.Civ.P. 60 1 and denying his petition for a writ of habeas corpus. Both the motion and the petition are based upon petitioner’s contention that his state court trial and conviction are null and void because he had previously filed a petition for removal to federal court, thereby depriving the state court of jurisdiction in the matter. In denying the habeas petition, the district court held that the removal petition had been untimely and that the state court…

2Cases cited8 opinions

  1. Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
  2. The State of South Carolina v. James Edward MooreCourt of Appeals for the Fourth Circuit · 1971
  3. Kadota v. City & County of San FraciscoCalifornia Court of Appeal · 1958
  4. Vecki v. SorensenCalifornia Court of Appeal · 1959
  5. Vendetti v. SchusterDistrict Court, W.D. Pennsylvania · 1965

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3Cited by52 opinions

  1. Bobby Hardwick v. Ollie Doolittle, Jailer and William Anderson, SheriffCourt of Appeals for the Fifth Circuit · 1977
  2. United States v. Kevin WhiteCourt of Appeals for the Second Circuit · 1992
  3. Johnson v. StateMississippi Supreme Court · 1984
  4. Arnold London v. United States Fire Insurance CompanyCourt of Appeals for the Fifth Circuit · 1976
  5. Schwartz v. Estate of GreenspunNevada Supreme Court · 1994

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