TANNEHILL v. FITZHARRIS

No. 71-1732.

451 F.2d 1322 (1971)

Phillip Lee TANNEHILL, Petitioner-Appellant, v. Cletus J. FITZHARRIS, Superintendent, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

November 29, 1971.


Attorney(s) appearing for the Case

Ruth M. Friedman, of Newman, Marsh & Furtado, Hayward, Cal., for petitioner-appellant.

Evelle J. Younger, Cal. Atty. Gen., Gloria F. DeHart, Mark A. Levin, Deputy Attys. Gen., San Francisco, Cal., for respondent-appellee.

Before WRIGHT, TRASK and CHOY, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

Tannehill appeals from an order denying his petition for writ of habeas corpus. In his petition he alleged sixteen grounds for relief, several of which appear to raise genuine constitutional issues. Although one of his grounds has been the subject of a prior petition fifteen are new.

The district court denied the writ without a hearing. Because we believe that the consideration given Tannehill's petition was inadequate, we...

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