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ARNOLD v. McCARTHY

No. 76-1421.

566 F.2d 1377 (1978)

Jerry Allen ARNOLD, Petitioner-Appellee, v. D. J. McCARTHY, Superintendent, California Men's Colony, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

January 13, 1978.

Attorney(s) appearing for the Case

Jack T. Kerry, Deputy Atty. Gen. (argued), Los Angeles, Cal., for respondent-appellant.

James S. Russell (argued), Los Angeles, Cal., for petitioner-appellee.

Before ELY and CARTER, Circuit Judges, and ENRIGHT, District Judge.

JAMES M. CARTER, Circuit Judge:

This is an appeal by the State of California represented by D. J. McCarthy, Superintendent of the California Men's Colony, from Jerry Allen Arnold's successful plea in the district court for a Writ of Habeas Corpus. Appellant argues that neither the Due Process Clause generally, nor the speedy trial provisions of the Fifth Amendment were violated by the state's delay in bringing Arnold to...

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