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GRIGGS v. SUPERINTENDENT, ANCHORAGE STATE JAIL

No. 72-1726.

469 F.2d 87 (1972)

Edward GRIGGS, Jr., Petitioner-Appellant, v. SUPERINTENDENT, ANCHORAGE STATE JAIL, and State of Alaska, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

November 7, 1972.

Attorney(s) appearing for the Case

H. John DeNault, III, John S. Hedland, of Rice, Hoppner, Blair & Hedland, Michael L. Rubinstein, Anchorage, Alaska, for petitioner-appellant.

Stephen G. Dunning, Asst. Dist. Atty. (argued), Seaborn J. Buckalew, Jr., Dist. Atty., of Alaska, John E. Havelock, Atty. Gen., Anchorage, Alaska, for respondents-appellees.

Before MERRILL, DUNIWAY and TRASK, Circuit Judges.

PER CURIAM:

Griggs appeals from the denial of a writ of habeas corpus which he sought to prevent his extradition from Alaska to California. The sole issue is whether the district court erred in dismissing the petition without an evidentiary hearing in violation of 28 U.S.C. § 2254(d)(3).

Griggs alleged in his petition that a six-month delay in extradition denied him due process of law, and now contends that the state court hearing did not adequately develop...

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