Horace B. Turner v. Abe Chavez

Turner appeals from an order denying his petition for a writ of habeas corpus, in which he challenged the constitutionality of two convictions for forcible rape entered against him. The district court concluded that the petition failed to adequately present disputed questions of fact which would require either an evidentiary hearing or a review of the record for procedural fairness. It conclusively appears that the decision of the district court was based on the opinion of the Court of Appeals of the State of California, rather than on an independent review of the record. We must therefore remand for such a review.

In considering a petition for a writ of habeas corpus, the district court must make its determination as to the sufficiency of the state court findings from an independent review of the record, or otherwise grant a hearing and make its own findings on the merits. Griff v. Rhay, 455 F.2d 494, 495 (9th Cir. 1972); United States ex rel. Jennings v. Ragen, 358 U.S. 276, 277 , 79 S.Ct. 321 , 3 L.Ed.2d 296 (1959). A reading of the well-reasoned opinion of the state court would indicate that appellant’s allegations may be without merit. However, this cannot be said with…