OVERMAN

v.

LOESSER

Citator

Cited By (17 total)

• Bloom v. United States, 272 F.2d 215 (9th Cir. 1959)
  …ide unless it is “clearly erroneous” under the doctrine of United States v. United States Gypsum Co., 1948, 333 U.S. 364, 68 S.Ct. 525, 92 L.Ed. 746. As this Court said in Overman v. Loesser, 9 Cir., 1953, 205 F. 2d 521, 524, certiorari denied 1953, 346 U.S. 910, 74 S.Ct. 241, 98 L.Ed. 407, “Since the finding involved the credibility of witnesses, and since it is supported by substantial evidence, it is conclusive upon appeal.” We do not sit to second guess the trial court, nor have we the power to do so un…
• Bufalino v. Reno, 613 F.2d 568 (5th Cir. 1980)
  …al court acts.” 17 C. Wright, A. Miller & E. Cooper, Federal Practice and Procedure § 4264, at 654 (1978), citing Sharpe v. Buchanan, 317, U.S. 238, 63 S.Ct. 245, 87 L.Ed. 238 (1942), and Thomas v. Teets, 205 F. 2d 236 (9th Cir. 1953), cert. denied, 346 U.S. 910, 74 S.Ct. 240, 98 L.Ed. 407 (1953). However, in the present instance, the state appeal was dismissed for procedural reasons.7 Consequently, the state court was not given a fair opportunity to pass on the merits of his constitutional claim, see Picar…
• Schwartzmiller v. Darrol Gardner, 752 F.2d 1341 (9th Cir. 1984)
  …acts, even if these remedies were not exhausted when the habeas corpus petition was filed. See Sharpe v. Buchanan, 317 U.S. 238, 63 S.Ct. 245, 87 L.Ed. 238 (1942) (per curiam); Thomas v. Teets, 205 F. 2d 236, 240-41 (9th [*1345] Cir.), cert. denied, 346 U.S. 910, 74 S.Ct. 240, 98 L.Ed. 407 (1953). Because of this, we need not decide whether Schwartzmiller had exhausted his state remedies at the time he filed this habeas corpus petition, or whether, in light of our earlier unpublished decision, the law of t…