1. Home
  2. Browse Decisions
  3. F.2d
  4. 676 F.2d
  5. 676 F.2d 343 (1982)
 

HINMAN v. McCARTHY

No. 81-5051.

676 F.2d 343 (1982)

Russell Lee HINMAN, Petitioner-Appellee, v. D. J. McCARTHY, Superintendent, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 16, 1982.

As Amended on Denial of Rehearing and Rehearing May 11, 1982.

Attorney(s) appearing for the Case

Shunji Asari, Deputy Atty. Gen., Los Angeles, Cal., argued, for respondent-appellant; George Deukmejian, Atty. Gen., Owen Lee Kwong, Deputy Atty. Gen., Los Angeles, Cal., on brief.

Karen R. Smith, Deputy Federal Public Defender, Los Angeles, Cal., for petitioner-appellee.

Before WALLACE and TANG, Circuit Judges, and TURRENTINE, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc May 11, 1982.

WALLACE, Circuit Judge:

McCarthy (the State) appeals from an order of the district court granting a writ of habeas corpus to Hinman pursuant to 28 U.S.C. § 2254. The State makes three different challenges to the granting of this collateral relief. First, the State contends that 28 U.S.C. § 636(b)(1)(B), which authorizes federal magistrates to conduct evidentiary hearings in habeas...

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