JOHN CLIFFORD JAMES, APPELLANT,
v.
LAWRENCE E. WILSON, WARDEN, SAN QUENTIN PRISON, APPELLEE
JOHN CLIFFORD JAMES, APPELLANT,
LAWRENCE E. WILSON, WARDEN, SAN QUENTIN PRISON, APPELLEE
367 F.2d 386
United States Court of Appeals for the Ninth Circuit (1966)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM:
In the light of Johnson v. State of New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882 (1966), the district court correctly rejected appellant’s petition for habeas corpus insofar as it was based upon Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964). The district court erred, however, in holding that “The remaining allegations of the petition relate to questions of evidence which do not raise a substantial federal question.” As we read the petition, appellant alleges that his conviction was based in part upon (1) oral admissions obtained from appellant by the use of threats and physical violence, and (2) the confession of an accomplice who was not produced for cross-examination. These allegations raise substantial constitutional issues. We do not consider whether appellant has exhausted his state remedies since the district court has not yet passed upon that question.
Reversed and remanded for further proceedings not inconsistent with this opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bolen Webb and Cornelia Webb v. Commissioner OF Internal Revenue, 394 F.2d 366 (5th Cir. 1968)
-
Dakil v. United States, 496 F.2d 431 (10th Cir. 1974)
Authorities Cited
- Escobedo v. Illinois, 378 U.S. 478 (U.S. 1964)
- Johnson v. New Jersey, 384 U.S. 719 (U.S. 1966)