JOURNIGAN v. DUFFY

No. 75-1404.

552 F.2d 283 (1977)

James Julian JOURNIGAN, Petitioner-Appellant, v. John F. DUFFY, Sheriff, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

March 8, 1977.


Attorney(s) appearing for the Case

Richard S. Henderson, San Diego, Cal., for petitioner-appellant.

Henry R. Mann, Deputy Dist. Atty., San Diego, Cal., for respondent-appellee.

Before CHOY and WALLACE, Circuit Judges, and RICHEY, District Judge.


WALLACE, Circuit Judge:

Journigan petitioned the district court for habeas corpus, challenging the constitutionality of the statute which was the basis of his state court conviction. The district judge did not reach the merits, holding that Journigan's guilty plea in the state court precluded federal habeas corpus relief. We reverse and remand for consideration of the merits of the petition.

I. Background

...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases