Legal Opinion

Henry Bradford Morgan and Stephen Michael Swanson v. People of the State of California

Court of Appeals for the Ninth Circuit

Decided September 25, 1984No. 83-6306PublishedCited by 24 opinions

1Opinion of the Court

FERGUSON, Circuit Judge:

The State of California appeals the district court’s order granting petitions for writ of habeas corpus and releasing Henry Morgan and Stephen Swanson from the constructive custody of the Municipal Court of Los Angeles prior to their criminal trial on various misdemeanor offenses. The state contends on appeal that the district court abused its discretion in issuing the writs because material factual disputes concerning the state charges should only have been resolved by state trial. We agree and reverse the district court.

FACTS:

Petitioners Morgan and Swanson, agents…

2Cases cited8 opinions

  1. In Re NeagleSupreme Court of the United States · 1890
  2. United States Ex Rel. Drury v. LewisSupreme Court of the United States · 1906
  3. Petition of Lloyd Clifton for a Writ of Habeas Corpus v. Gene Cox, Sheriff of Humboldt County, CaliforniaCourt of Appeals for the Ninth Circuit · 1977
  4. In Re McShane's PetitionDistrict Court, N.D. Mississippi · 1964
  5. Robert W. Baucom v. John R. Martin, as District Attorney Pro Tem, Stone Mountain Judicial Circuit, GeorgiaCourt of Appeals for the Eleventh Circuit · 1982

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3Cited by24 opinions

  1. Commonwealth of Kentucky v. Larry A. LongCourt of Appeals for the Sixth Circuit · 1988
  2. People of the State of California v. Kathryn Isabella Mesa, People of the State of California v. Shabbir A. Ebrahim, A/K/A Shabbir AzamCourt of Appeals for the Ninth Circuit · 1987
  3. United States v. William Dee Robert Lentz Carl GeppCourt of Appeals for the Fourth Circuit · 1990
  4. People of State of California v. WaltersCourt of Appeals for the Ninth Circuit · 1985
  5. State of Idaho v. Lon T. HoriuchiCourt of Appeals for the Ninth Circuit · 2001

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