Legal Opinion
Jack Rainsberger v. Jack Fogliani, Warden
Court of Appeals for the Ninth Circuit
Decided August 4, 1967No. 21449PublishedCited by 3 opinions
1Opinion of the Court
MERRILL, Circuit Judge.
Appellant is in custody of the warden of the Nevada State Penitentiary following conviction of first-degree murder. He seeks relief in habeas corpus. The writ was denied by the District Court without evidentiary hearing, and this appeal was taken.
Appellant, on June 9, 1959, pleaded guilty to a charge of murder. Nev.Rev. Stat. § 200.030 (1957) at the time provided that if one is “convicted on confession in open court, the court shall proceed, by examination of witnesses, to determine the degree of the crime and give sentence accordingly.”
After a two-day hearing before…
2Cases cited16 opinions
- Townsend v. SainSupreme Court of the United States · 1963
- Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
- Thompson v. UtahSupreme Court of the United States · 1898
- Duncan v. MissouriSupreme Court of the United States · 1894
- Leopold Joseph Doran v. Lawrence E. Wilson, Warden, San Quentin PrisonCourt of Appeals for the Ninth Circuit · 1966
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3Cited by3 opinions
- Andrew Owens v. Frank A. Eyman, WardenCourt of Appeals for the Ninth Circuit · 1970
- John M. Little v. B. J. Rhay, Superintendent, Washington State Penitentiary, Walla Walla, WashingtonCourt of Appeals for the Ninth Circuit · 1971
- Edward Griggs, Jr. v. Superintendent, Anchorage State Jail, and State of AlaskaCourt of Appeals for the Ninth Circuit · 1972