Guadalupe Rocha Hernandez v. Louis S. Nelson, Warden, California State Prison, San Quentin, California
Cases that cite this one
6 later published cases cite this decision.
- State v. Allen (Wash. Ct. App. 1980)
- United States v. Bronston (District Court, S.D. New York 1971)
- Bobby Ray Kines v. Fred Butterworth, Ronald St. Pierre v. Fred Butterworth (1st Cir. 1981)
- Pena v. LeFerve (District Court, E.D. New York 1976)
- Ralls v. Manson (United States District Court for the District of Connecticut 1974)
- Hawkins v. Robinson (United States District Court for the District of Connecticut 1973)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The judgment of the District Court granting petitioner a writ of habeas corpus is affirmed for the reasons and on the basis of that court’s opinion, which is reported in 298 F.Supp. 682 (N.D.Cal. 1968).
However, it appears that if the state does not retry the petitioner, or if a retrial results in an acquittal, then the petitioner, has a remedy in the California state courts to determine whether the revocation of his parole from the unrelated conviction should be set aside. (Cal.Pen.Code § 3063); In re Payton, 28 Cal.2d 194, 169 P.2d 361 (1946); In re Hall, 63 Cal.2d 115, 45 Cal.Rptr. 133, 403 P.2d 389 (1965). Consequently, we conclude that a federal district court should not initially make this determination. Accordingly, we do not approve of that part of the District Court’s judgment provisionally ordering the Adult Authority to show cause why the revocation should stand.
Affirmed, as modified.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.