Esley Purkey v. Fred Maass, Superintendent Oregon State Penitentiary, and Robert T. Stephan, Attorney General for the State of Kansas

Good Law
945 F.2d 409·1991 WL 195374·1991 U.S. App. LEXIS 27854
United States Court of Appeals for the Ninth CircuitSeptember 30, 199190-35742California1,969 words

Opinion

Opinion

945 F.2d 409 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. esley PURKEY, Petitioner-Appellant, v. Fred MAASS, Superintendent Oregon State Penitentiary, and Robert T. Stephan, Attorney General for the State of Kansas, Respondents-Appellees. No. 90-35742. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 11, 1991. Decided Sept. 30, 1991. Before ALARCON, FERGUSON and CYNTHIA HOLCOMB HALL, Circuit Judges. 1 MEMORANDUM * 2 Wesley Purkey appeals from the denial of his petition for habeas corpus relief without an evidentiary hearing. Purkey seeks reversal on two grounds: 3 One. The state trial judge deprived him of his right to due process by failing to inform him of his right to confrontation prior to accepting his plea of guilty. 4 Two. He was entitled to an evidentiary hearing in the district court because he alleged sufficient facts in his petition to show that he was deprived of his right to due process because (1) his guilty plea was induced by…

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