Donald James Schnepp v. Carl Hocker, Warden, Nevada State Prison

Donald James Schnepp appeals from a district court order denying his application for a writ of habeas corpus.

Schnepp was convicted in a Nevada state trial court on a charge of burglary. The Nevada Supreme Court affirmed his conviction. Schnepp v. State, 82 Nev. 257 , 415 P.2d 619 (1966)! That court, responding to an application for a writ of habeas corpus, later granted Schnepp a new trial because of a trial incident not relevant here. Schnepp v. Fogliani, 83 Nev. 131 , 425 P.2d 141 (1967). At his second state trial, Schnepp was again convicted, and this conviction was also affirmed on appeal. Schnepp v. State, 84 Nev. 120 , 437 P.2d 84 (1968).

Schnepp then commenced the federal habeas proceeding now before us. The warden moved to dismiss the application on the ground that several issues presented by Schnepp failed to present substantial federal questions and that, as to the remaining issues, the undisputed facts established that he had not been deprived of any constitutional right. The district court, without affording Schnepp a hearing, granted the warden’s motion and denied the application. This appeal followed.

Several of Schnepp’s points on appeal relate to what…