Vaino Uski v. Walter T. Stone, Superintendent, Central Training Facility, Soledad, California, the People of the State of California
U.S. Court of Appeals for the Ninth Circuit
Vaino Uski v. Walter T. Stone, Superintendent, Central Training Facility, Soledad, California, the People of the State of California, 523 F.2d 14 (9th Cir. 1975)
Vaino Uski v. Walter T. Stone, Superintendent, Central Training Facility, Soledad, California, the People of the State of California
Opinion
OPINION
This is an appeal from an order denying a petition for a writ of habeas corpus. The question presented is whether the district court erred in refusing to consider alleged constitutional violations that occurred in connection with a motion to suppress evidence when proceedings on that motion were followed by a guilty plea. In denying the writ the district court followed this court in Mann v. Smith, 488 F.2d 245 (9th Cir. 1973). Since decision by the district court the Supreme Court, in Lefkowitz v. Newsome, 420 U.S. 283, 95 S.Ct. 886, 43 L.Ed.2d 196 (1975), has required a contrary result in the light of Cal.Penal Code, § 1538.5(m).
Reversed and remanded for further proceedings. In our view appointment of counsel is warranted.
Reference
- Full Case Name
- Vaino USKI, Petitioner-Appellant, v. Walter T. STONE, Superintendent, Central Training Facility, Soledad, California, the People of the State of California, Respondents-Appellees
- Cited By
- 1 case
- Status
- Published