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U.S. Court of Appeals for the Ninth Circuit, 1970

James v. Miller v. B. J. Rhay, Superintendent, Washington State Penitentiary

James v. Miller v. B. J. Rhay, Superintendent, Washington State Penitentiary
U.S. Court of Appeals for the Ninth Circuit · Decided March 12, 1970 · Chambers, Koelsch, Per Curiam, Trask
421 F.2d 1360; 1970 U.S. App. LEXIS 10332 (Federal Reporter, Second Series)

James v. Miller v. B. J. Rhay, Superintendent, Washington State Penitentiary

Opinion

PER CURIAM:

The order appealed from is vacated.

It is our view that the state should be required to respond and to submit to the *1361 district court the state trial transcript brought here.

We do not reach at this time the bypass issue or the question of whether the trial transcript adequately answers the contentions of appellant’s petition.

Remanded for proceedings consistent with the foregoing.

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