U.S. Court of Appeals for the Ninth Circuit, 1974

Nathan Elmont Eli v. Louis S. Nelson, Warden, California State Prison at San Quentin

U.S. Court of Appeals for the Ninth Circuit · Decided July 9, 1974 · Chambers, Wright, McGovern

498 F.2d 1340; 1974 U.S. App. LEXIS 7745 (Federal Reporter, Second Series)

Opinion

ORDER AFFIRMING

The district court order denying habeas corpus relief on a state judgment is affirmed. See Eli v. Nelson, 360 F.Supp. 225 (N.D.Cal. 1973).

The district court examined the state court record and was satisfied that questions concerning Eli’s confession were adequately explored by the state court.

We conclude that the federal district court ruling that no evidentiary hearing was necessary was within its discretion.

The case is pre Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), but post Escobedo v. Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964). The district court found on the record that there was no violation of Escobedo. The finding was justified.

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