TINNEY v. WILSON

No. 22266.

408 F.2d 912 (1969)

James TINNEY, Appellant, v. Lawrence E. WILSON, Warden, et al., Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 10, 1969.


Attorney(s) appearing for the Case

James Tinney, in pro per.

Thomas C. Lynch, Atty. Gen., Deral E. Granberg, Michael J. Phelan, Deputy Attys. Gen., San Francisco, Cal., for appellee.

Before HAMLIN, MERRILL and ELY, Circuit Judges.


ELY, Circuit Judge:

Appellant Tinney is presently in California penal custody pursuant to a conviction for possession of marijuana. Cal. Health & Safety Code & 11530 (West 1961). After exhausting his post-conviction remedies in the state courts, Tinney filed a petition for writ of habeas corpus in the court below. That court denied his petition without having conducted an evidentiary hearing, and Tinney appeals from that denial. Tinney's principal contention...

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