Eli v. Nelson

Full title: NATHAN ELMONT ELI, PETITIONER-APPELLANT, v. LOUIS S. NELSON, WARDEN…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jul 9, 1974

498 F.2d 1340 (9th Cir. 1974)

Opinion

No. 73-2346.

July 9, 1974.

Paul N. Halvonik (argued), San Francisco, Cal., for petitioner-appellant.

Karl S. Mayer, Deputy Atty. Gen., San Francisco, Cal., for respondent-appellee.

Appeal from the United States District Court for the Northern District of California; Alfonso J. Zirpoli, Judge.

Before CHAMBERS and WRIGHT, Circuit Judges, and McGOVERN,^_ District Judge.

_ The Honorable Walter T. McGovern, United States District Judge for the Western District of Washington, sitting by designation.

ORDER AFFIRMING

The district court order denying habeas corpus relief on a state judgment is affirmed. See Eli v. Nelson, 360 F. Supp. 225 (N.D.Cal. 1973).

The district court examined the state court record and was satisfied that questions concerning Eli's confession were adequately explored by the state court.

We conclude that the federal district court ruling that no evidentiary hearing was necessary was within its discretion.

The case is pre Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), but post Escobedo v. Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964). The district court found on the record that there was no violation of Escobedo. The finding was justified.