MAXWELL v. EYMAN

No. 24655.

429 F.2d 502 (1970)

Jesse Ray MAXWELL, Petitioner-Appellant, v. Frank A. EYMAN, Warden, Arizona State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

July 27, 1970.


Attorney(s) appearing for the Case

Jesse Ray Maxwell, in pro. per.

Gary K. Nelson, Atty. Gen., Carl Waag, Deputy Atty. Gen., Phoenix, Ariz., for respondent-appellee.

Before KOELSCH and HUFSTEDLER, Circuit Judge, and THOMPSON, District Judge.


PER CURIAM.

This appeal is one of many in which a district court has summarily denied habeas relief to an applicant on the basis of the factual conclusions appearing in a state appellate court's opinion affirming the petitioner's conviction on a criminal charge.

Such short-cutting is impermissible. The proper procedure to follow, in instances where the application contains allegations of substance, has been frequently outlined by this court — see for...

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