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

Stephen Kelly and Latricia Anderson v. Carl Hocker, Warden, Nevada State Prison

Stephen Kelly and Latricia Anderson v. Carl Hocker, Warden, Nevada State Prison
U.S. Court of Appeals for the Ninth Circuit · Decided August 5, 1970 · Ely, Carter, Kil-Kenny
428 F.2d 393 (Federal Reporter, Second Series)

Stephen Kelly and Latricia Anderson v. Carl Hocker, Warden, Nevada State Prison

Opinion

PER CURIAM.

Appellants were tried and convicted by a jury in the state court of Nevada of the crime of robbery. 1 After exhaustion of state remedies, appellants filed a habeas corpus petition, 2 which was denied after a hearing. They appeal. We affirm.

Over appellants’ objections, the state trial court received in evidence a pistol which was found in Kelly’s automobile by officers armed with a search warrant. Here, as they did in the state court and the federal district court, appellants challenge the sufficiency of the affidavit upon which the search warrant was granted. A discussion of the facts would add nothing to the validity of our decision. We have painstakingly examined the challenged affidavit and hold that it follows the guidelines and satisfies the requirements articulated in Giordenello v. United States, 357 U.S. 480, 78 S.Ct. 1245, 2 L.Ed.2d 1503 (1958); Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964); United States v. Ventresca, 380 U.S. 102, 85 S.Ct. 741, 13 L.Ed.2d 684 (1965) and Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969).

Affirmed.

1

. Kelly v. State, 84 Nev. 332, 440 P.2d 889 (1968).

2

. 28 U.S.C. § 2241 et seq.

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