John Bullis v. Carl Hocker, Warden of the Nevada State Penitentiary

Good Law
409 F.2d 1380·1969 U.S. App. LEXIS 12837
United States Court of Appeals for the Ninth CircuitApril 14, 196922939California1,107 words

Opinion

Opinion

Jertberg, J.

Before us is an appeal from an order of the United States District Court for the District of Nevada, denying, without an evidentiary hearing, appellant’s petition for the issuance of a writ of habeas corpus. Following the denial of the writ, the district court issued a certificate of probable cause.

The salient facts derived from the petition for the writ may be summarized as follows:

In 1965, appellant was arrested in the State of Nevada, and charged with the offense of committing a felony in that state, to wit: burglary in the first degree. He was enlarged on bail, and with the permission of the bonding company went to the State of Idaho. While in Idaho he was arrested and charged with the commission of a felony, to wit: burglary in the second degree. He was enlarged on bail and with the permission of his bonding company returned to the State of Nevada.

Following trial to a jury in the Second Judicial District Court of Washoe County, Nevada, appellant was sentenced to the Nevada State Penitentiary for not less than one nor more than fifteen years. On appeal to the Supreme Court of the State of Nevada, the conviction was affirmed. Bullis v. Nevada (1967), 83 Nev. 175 , 426…

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