HARRIS, U. S. DISTRICT JUDGE (WALKER, REAL PARTY IN INTEREST)
v.
NELSON, WARDEN.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued December 9, 1968.
Decided March 24, 1969.
Attorney(s) appearing for the Case
J. Stanley Pottinger, by appointment of the Court, 393 U.S. 814, argued the cause and filed briefs for petitioner.
Derald E. Granberg, Deputy Attorney General of California, argued the cause for respondent. With him on the briefs were Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, and Charles R. B. Kirk, Deputy Attorney General, joined in and adopted by the Attorneys General and other officials of their respective jurisdictions as follows: MacDonald Gallion of Alabama, Gary K. Nelson of Arizona, Joe Purcell of Arkansas, Duke W. Dunbar of Colorado, David P. Buckson of Delaware, Earl Faircloth of Florida, Arthur K. Bolton of Georgia, Bert T. Kobayashi of Hawaii, William G. Clark of Illinois, John J. Dillon of Indiana, Richard C. Turner of Iowa, John B. Breckinridge of Kentucky, Jack P. F. Gremillion of Louisiana, James S. Erwin of Maine, Francis B. Burch of Maryland, Elliot L. Richardson of Massachusetts, Douglas M. Head of Minnesota, Joe T. Patterson of Mississippi, Clarence A. H. Meyer of Nebraska, Harvey Dickerson of Nevada, Arthur J. Sills of New Jersey, Boston E. Witt of New Mexico, Louis J. Lefkowitz of New York, T. Wade Bruton of North Carolina, Helgi Johanneson of North Dakota, William B. Saxbe of Ohio, G. T. Blankenship of Oklahoma, William C. Sennett of Pennsylvania, Herbert F. DeSimone of Rhode Island, Daniel R. McLeod of South Carolina, George F. McCanless of Tennessee, James L. Oakes of Vermont, Robert Y. Button and Reno S. Harp III of Virginia, John J. O'Connell of Washington, Bronson C. LaFollette of Wisconsin, and Paul J. Abbate of Guam; and by the National District Attorneys' Association.
Jerome M. Feit argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Griswold, Assistant Attorney General Vinson, John S. Martin, Jr., and Paul C. Summitt.
Jack Greenberg, James M. Nabrit III, Michael Meltsner, and Anthony G. Amsterdam filed a brief for the NAACP Legal Defense and Educational Fund, Inc., et al. as amici curiae urging reversal.
Louis J. Lefkowitz, Attorney General of New York, Samuel A. Hirshowitz, First Assistant Attorney General, and Amy Juviler and Joel H. Sachs, Assistant Attorneys General, filed a brief for the State of New York as amicus curiae urging affirmance.
Supreme Court of United States.
MR. JUSTICE FORTAS delivered the opinion of the Court.
This case presents the question whether state prisoners who have commenced habeas corpus proceedings in a federal district court may, in proper circumstances, utilize the instrument of interrogatories for discovery purposes.
I.
Petitioner is the Chief Judge of the United States District Court for the Northern District of California. Respondent is the warden of the California State Prison at San...
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