Legal Opinion

Stockwell v. Swenson

District Court, W.D. Missouri

Decided November 3, 1966No. 1126PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER

JOHN W. OLIVER, District Judge.

On September 21, 1966 we issued a memorandum and order directing respondent to answer particular questions and to attach copies of particular trial and appellate court records in order to determine whether petitioner has exhausted his available state court remedies. The order was based on the teaching of Townsend v. Sain that a “District Court sitting in habeas corpus clearly has the power to compel production of the complete state-court record” (372 U.S. 293 at 319, 83 S.Ct. 745 at 760, 9 L.Ed. 2d 770).

On October 10, 1966, and after full…

2Cases cited8 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Townsend v. SainSupreme Court of the United States · 1963
  3. Fay v. NoiaSupreme Court of the United States · 1963
  4. Hamilton v. AlabamaSupreme Court of the United States · 1961
  5. Price v. JohnstonSupreme Court of the United States · 1948

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3Cited by1 opinion

  1. Loren E. Barry v. Maurice Sigler, Warden, Nebraska Penal and Correctional ComplexCourt of Appeals for the Eighth Circuit · 1967

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