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PATTERSON v. WARDEN, SAN LUIS OBISPO

No. 79-2517.

624 F.2d 69 (1980)

Daniel Ray PATTERSON, Petitioner-Appellant, v. WARDEN, SAN LUIS OBISPO, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 14, 1980.

Attorney(s) appearing for the Case

Andrea L. Biren, San Francisco, Cal. (argued), Samuel R. Gross, San Francisco, Cal., on brief, for petitioner-appellant.

Blair W. Hoffman, Deputy Atty. Gen., San Francisco, Cal., for respondent-appellee.

Before GOODWIN, ALARCON and NELSON, Circuit Judges.

PER CURIAM:

Patterson's petition for habeas corpus alleged facts which, if proven, might establish that his confession was not voluntary and that the Miranda warnings were defective. The allegations were not so vague, conclusory, or patently frivolous so as to warrant summary dismissal of the petition. Blackledge v. Allison, 431 U.S. 63, 75-6, 97 S.Ct. 1621, 1629-1630, 52 L.Ed.2d 136 (1977). Nor do we accept the state...

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