The People of the State of California v. United States District Court and United States Magistrate, Richard E. Smiley, Real Party in Interest
U.S. Court of Appeals for the Ninth Circuit
The People of the State of California v. United States District Court and United States Magistrate, Richard E. Smiley, Real Party in Interest, 502 F.2d 945 (9th Cir. 1974)
The People of the State of California v. United States District Court and United States Magistrate, Richard E. Smiley, Real Party in Interest
Opinion
OPINION
Pursuant to our mandate in Smiley v. State of California, 9 Cir., 1971, 442 F.2d 1026, the district court, on August 28, 1973, ordered that an evidentiary hearing on Smiley’s petition for a writ of habeas corpus be held before a United States Magistrate, pursuant to 28 U.S.C. § 636(b) and the District Court’s General Order 104.
California, through its Attorney General, seeks a writ of mandamus or prohibition to compel the district court to vacate its order and to prohibit the magistrate from holding the hearing. It is ordered that the district court shall vacate its order of August 28, 1973, and reconsider its action in light of Wingo v. Wedding, 1974, 418 U.S. 461, 94 S.Ct. 2842, 41 L.Ed.2d 879 (June 26, 1974).
Reference
- Full Case Name
- The PEOPLE OF the STATE OF CALIFORNIA, Petitioner, v. UNITED STATES DISTRICT COURT and United States Magistrate, Respondents, Richard E. SMILEY, Real Party in Interest
- Status
- Published