Milligan v. Stone

Full title: GARY L. MILLIGAN, PETITIONER-APPELLANT, v. W. T. STONE, WARDEN…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jan 12, 1977

548 F.2d 878 (9th Cir. 1977)

Opinion

No. 76-1825.

January 12, 1977.

Thomas D. Schaefer (argued), San Diego, Cal., for petitioner-appellant.

Alan S. Meth, Deputy Atty. Gen. (argued), San Diego, Cal., for respondent-appellee.

On Appeal from the United States District Court for the Southern District of California, Howard B. Turrentine, Judge.

Before CHAMBERS and GOODWIN, Circuit Judges, and WHELAN,^_ District Judge.

_ The Honorable Francis C. Whelan, United States District Judge for the Central District of California, sitting by designation.

ORDER OF AFFIRMANCE

Generally, the order dismissing the petition for habeas corpus is affirmed on the basis of the contents thereof. The order is reported, Milligan v. Stone, 424 F. Supp. 1088 (S.D.Cal., entered January 13, 1976).

It should be noted, however, that the district court was under a misapprehension that a state certificate had not been sought for a state appeal. But the decision only alternatively relied upon this mistake.

Further, on the facts here one has to reach far to find a trace of a constitutional question.