Legal Opinion
Phillip Lee Tannehill v. Cletus J. Fitzharris, Superintendent
Court of Appeals for the Ninth Circuit
Decided November 29, 1971No. 71-1732PublishedCited by 24 opinions
1Opinion of the Court
EUGENE A. WRIGHT, Circuit Judge:
Tannehill appeals from an order denying his petition for writ of habeas corpus. In his petition he alleged sixteen grounds for relief, several of which appear to raise genuine constitutional issues. Although one of his grounds has been the subject of a prior petition fifteen are new.
The district court denied the writ without a hearing. Because we believe that the consideration given Tannehill’s petition was inadequate, we must remand.
The district court concluded that the ground previously raised was barred by the doctrine of res judicata. It has consistently…
2Cases cited5 opinions
- Sanders v. United StatesSupreme Court of the United States · 1963
- Wong Doo v. United StatesSupreme Court of the United States · 1924
- Ralph Jerome Selz v. The State of California, Richard A. McGee Director, Department of CorrectionsCourt of Appeals for the Ninth Circuit · 1970
- Frank Gomez v. United StatesCourt of Appeals for the Ninth Circuit · 1968
- United States v. Robert Eugene LeeCourt of Appeals for the Ninth Circuit · 1971
3Cited by24 opinions
- Chua Han Mow v. United StatesCourt of Appeals for the Ninth Circuit · 1984
- Bobby Hardwick v. Ollie Doolittle, Jailer and William Anderson, SheriffCourt of Appeals for the Fifth Circuit · 1977
- Jimmy Neuschafer v. Harol Whitley Attorney General for the State of Nevada, RespondentsCourt of Appeals for the Ninth Circuit · 1988
- Campbell v. BlodgettCourt of Appeals for the Ninth Circuit · 1993
- Calderon v. United States District Court for the Eastern District of CaliforniaCourt of Appeals for the Ninth Circuit · 1997
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