Legal Opinion

Daniel Ray Patterson v. Warden, San Luis Obispo

Court of Appeals for the Ninth Circuit

Decided May 14, 1980No. 79-2517PublishedCited by 14 opinions

1Per curiam

Patterson’s petition for habeas corpus alleged facts which, if proven, might establish that his confession was not voluntary and that the Miranda warnings were defective. The allegations were not so vague, conclusory, or patently frivolous so as to warrant summary dismissal of the petition. Blackledge v. Allison, 431 U.S. 63, 75-6, 97 S.Ct. 1621, 1629-1630, 52 L.Ed.2d 136 (1977). Nor do we accept the state’s invitation to affirm dismissal on the ground that the rationale of Stone v. Powell, 428 U.S. 465, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976), a Fourth Amendment case, extends to preclude…

2Cases cited4 opinions

  1. Stone v. PowellSupreme Court of the United States · 1976
  2. Blackledge v. AllisonSupreme Court of the United States · 1977
  3. Stanley Carl Rhinehart v. J. B. GunnCourt of Appeals for the Ninth Circuit · 1979
  4. Louis Cuen Taylor, Arizona State Prison Inmate No. 31176 v. Harold Cardwell, and the Attorney General of the State of ArizonaCourt of Appeals for the Ninth Circuit · 1978

3Cited by14 opinions

  1. Harry Franklin v. State of Oregon, State Welfare DivisionCourt of Appeals for the Ninth Circuit · 1981
  2. John K. Lincoln v. Franklin Y.K. SunnCourt of Appeals for the Ninth Circuit · 1987
  3. Cesar Ramirez Gutierrez v. Bertram S. Griggs, Superintendent, California Institution for Men at ChinoCourt of Appeals for the Ninth Circuit · 1983
  4. Robert Alton Harris v. R. Pulley, Warden of the California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 1982
  5. John R. McCown v. William CallahanCourt of Appeals for the First Circuit · 1984

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