KATES v. NELSON

No. 23688.

435 F.2d 1085 (1970)

Danny KATES, Plaintiff-Appellant, v. Louis NELSON, Warden, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

November 25, 1970.


Attorney(s) appearing for the Case

Kristina M. Hanson (argued), of Morrison, Foerster, Holloway, Clinton & Clark, San Francisco, Cal., for plaintiff-appellant.

Timothy G. Laddish (argued), Deputy Atty. Gen., Thomas C. Lynch, Atty. Gen., Derald E. Granberg, Deputy Atty. Gen., San Francisco, Cal., for defendant-appellee.

Before CHAMBERS and MERRILL, Circuit Judges, and POWELL, District Judge.


POWELL, District Judge:

Appellant, Danny Kates, appeals from an order of the United States District Court denying his petition for a writ of habeas corpus. This Court has jurisdiction under 28 U.S.C. § 2253.

Appellant was charged with grand theft. He appeared with retained counsel during his preliminary hearing. Probable cause was established and the case was set for trial in state court. The attorney who had represented Appellant at the preliminary examination...

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