GREEN v. LOGGINS

No. 78-2683.

614 F.2d 219 (1980)

John C. GREEN, Petitioner-Appellee, v. Otis LOGGINS, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

February 25, 1980.


Attorney(s) appearing for the Case

Ann K. Jensen, Deputy Atty. Gen., San Francisco, Cal., for respondent-appellant.

Thomas S. Worthington, Hovde & Worthington, Salinas, Cal., for petitioner-appellee.

Before CARTER, PECK, and TANG, Circuit Judges.


JOHN W. PECK, Circuit Judge.

At a jury trial in the state court, petitioner was found guilty of violating two sections of the California Penal Code; section 187 (murder in the second degree) and section 12022.5 (use of a firearm in the commission of the named offense). After exhausting his rights of direct appeal, petitioner sought a writ of habeas corpus in the district court. Therein, petitioner argued that he had been denied constitutional due process through the...

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