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

John Edward Daugherty v. Walter E. Craven, Warden

U.S. Court of Appeals for the Ninth Circuit · Decided April 27, 1970 · Chambers, Ely, Ferguson, Per Curiam

422 F.2d 6 (Federal Reporter, Second Series)

Counsel

John E. Daugherty, in pro. per., appellant., Thomas C. Lynch, Atty. Gen., State of California, Los Angeles, Cal., for appellee.

Cases that cite this one

2 later published cases cite this decision.

In re Tucker (Cal. 1971)
Joel Gallardo v. FCA US LLC (United States District Court for the Central District of California 2020)

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

PER CURIAM:

The dismissal of the petition for a writ of habeas corpus is reversed and the case remanded. The district court must determine whether the ex parte orders revoking probation violated the Sixth Amendment. See Mempa v. Rhay, 389 U.S. 128, 88 S.Ct. 254, 19 L.Ed.2d 336 (1967), and McConnell v. Rhay, 393 U.S. 2, 89 S.Ct. 32, 21 L.Ed.2d 2 (1968).

From the information before us, it appears that the issue has not been presented to, or considered by, the California courts. The district court may hold the petition in abeyance for a reasonable time in order to afford the California courts the first opportunity to consider the issue. Compare Ney v. Oberhauser, 419 F.2d 828 (9th Cir. 1969).

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