1. Home
  2. Browse Decisions
  3. F.2d
  4. 404 F.2d
  5. 404 F.2d 330 (1968)
 

MONTEZ v. EYMAN

No. 22522.

404 F.2d 330 (1968)

Rosalio B. MONTEZ, Appellant, v. Frank A. EYMAN, Warden, Appellee.

United States Court of Appeals Ninth Circuit.

December 10, 1968.

Attorney(s) appearing for the Case

Tom Karas, Phoenix, Ariz., for appellant.

Gary Nelson (argued) Deputy Atty. Gen., Darrell F. Smith, Atty. Gen., Phoenix, Ariz., for appellee.

Before MERRILL and DUNIWAY, Circuit Judges, and CRARY, District Judge.

DUNIWAY, Circuit Judge:

This is the second appeal in this habeas corpus case. Montez v. Eyman, 9 Cir., 1967, 372 F.2d 100. We there held that the district judge's finding that Montez knowingly waived his right of appeal on advice of counsel was clearly erroneous. We vacated the order denying the writ and remanded with directions to hold the proceeding in abeyance to afford Montez an opportunity to apply to the Arizona Supreme Court...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases