TAYLOR v. STATE OF ARIZONA

No. 71-1361.

471 F.2d 848 (1972)

Eddie Willie TAYLOR, Petitioner-Appellant, v. The STATE OF ARIZONA, and Frank A. Eyman, Warden, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

October 6, 1972.


Attorney(s) appearing for the Case

Gilbert W. Chester (argued), of Chester & Garrett, Michael E. Bradford, Phoenix, Ariz., for petitioner-appellant.

Thomas A. Jacobs, Asst. Atty. Gen. (argued), William P. Dixon, Asst. Atty. Gen., Gary K. Nelson, Atty. Gen., Phoenix, Ariz., for respondents-appellees.

Before HAMLIN, CARTER and CHOY, Circuit Judges.


JAMES M. CARTER, Circuit Judge:

Appellant, convicted of robbery by an Arizona court, appeals to this court from the denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2241 after an evidentiary hearing.

The appeal raises the following questions:

(1) Was there probable cause to arrest appellant without a warrant at his apartment?

(2) Was evidence seized following the arrest admissible as incident to the arrest?

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