Cumpian v. Craven

Full title: RUDY CRUZ CUMPIAN, PETITIONER-APPELLANT, v. WALTER E. CRAVEN…

Court: United States Court of Appeals, Ninth Circuit

Date published: Aug 24, 1972

465 F.2d 381 (9th Cir. 1972)

Opinion

No. 71-3035.

August 24, 1972.

Alvin S. Michaelson (argued), Los Angeles, Cal., for petitioner-appellant.

Samuel E. Spital, Deputy Atty. Gen. (argued), Robert F. Katz, Deputy Atty. Gen., Doris H. Maier, Asst. Atty. Gen., Herbert L. Ashby, Chief Asst. Atty. Gen., Evelle J. Younger, Atty. Gen., Los Angeles, Cal., for respondent-appellee.

Appeal from the United States District Court for the Central District of California.

Before MERRILL and KOELSCH, Circuit Judges, and PLUMMER, District Judge.^_

_ Honorable Raymond E. Plummer, Chief United States District Judge for the District of Alaska, sitting by designation.

PER CURIAM:

Upon the factual findings of the District Court following full evidentiary hearing, Gairson v. Cupp, 415 F.2d 352 (9th Cir. 1969), does not apply.

As to appellant's contention that he was denied effective assistance of counsel since his attorney did not advise him of his right to appeal in forma pauperis and of the procedure to be followed in exercising this right, we agree with the District Court that he has not exhausted his state remedies in this respect.

Affirmed.