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SMITH v. YEAGER

No. 399.

393 U.S. 122 (1968)

89 S.Ct. 277

21 L.Ed.2d 246

SMITH v. YEAGER, WARDEN.

Supreme Court of United States.

Decided November 12, 1968.

Attorney(s) appearing for the Case

Edward Bennett Williams, Steven M. Umin, and Stephen F. Lichtenstein for petitioner.

PER CURIAM.

This petition for a writ of certiorari presents the question whether petitioner's relinquishment of an evidentiary hearing in a federal habeas corpus proceeding taking place prior to Townsend v. Sain, 372 U.S. 293, bars him from obtaining such a hearing on a subsequent application made after Townsend was decided.

In 1957, petitioner was convicted of...

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