From Casetext: Smarter Legal Research

Griggs v. Superintendent, Anchorage State Jail

United States Court of Appeals, Ninth Circuit
Nov 7, 1972
469 F.2d 87 (9th Cir. 1972)

Opinion

No. 72-1726.

November 7, 1972.

H. John DeNault, III, John S. Hedland, of Rice, Hoppner, Blair Hedland, Michael L. Rubinstein, Anchorage, Alaska, for petitioner-appellant.

Stephen G. Dunning, Asst. Dist. Atty. (argued), Seaborn J. Buckalew, Jr., Dist. Atty., of Alaska, John E. Havelock, Atty. Gen., Anchorage, Alaska, for respondents-appellees.

Appeal from the United States District Court for the District of Alaska.

Before MERRILL, DUNIWAY and TRASK, Circuit Judges.


Griggs appeals from the denial of a writ of habeas corpus which he sought to prevent his extradition from Alaska to California. The sole issue is whether the district court erred in dismissing the petition without an evidentiary hearing in violation of 28 U.S.C. § 2254(d)(3).

Griggs alleged in his petition that a six-month delay in extradition denied him due process of law, and now contends that the state court hearing did not adequately develop the facts material to this issue. However, the facts at the state court hearing were not in dispute, and Griggs did not allege any additional facts in his federal petition indicating that he was prejudiced by the delay. Cf. United States v. Marion, 1971, 404 U.S. 307, 325-326. In such circumstances, the district court was justified in concluding that an evidentiary hearing would serve no purpose. Rainsberger v. Fogliani, 9 Cir., 380 F.2d 783, 785.

Moreover, Griggs' counsel, in the state proceeding, specifically agreed to the state court's factual findings and declined an opportunity to request additional findings. See Townsend v. Sain, 1963, 372 U.S. 293, 317, 83 S.Ct. 745, 9 L.Ed. 770.

Affirmed.


Summaries of

Griggs v. Superintendent, Anchorage State Jail

United States Court of Appeals, Ninth Circuit
Nov 7, 1972
469 F.2d 87 (9th Cir. 1972)
Case details for

Griggs v. Superintendent, Anchorage State Jail

Case Details

Full title:EDWARD GRIGGS, JR., PETITIONER-APPELLANT, v. SUPERINTENDENT, ANCHORAGE…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 7, 1972

Citations

469 F.2d 87 (9th Cir. 1972)

Citing Cases

Tamayo-Reyes v. Keeney

Two of our decisions arguably have assumed section 2254(d)(3) and Townsend's fifth circumstance pose the same…

Morris v. Wyrick

In these circumstances an evidentiary hearing would serve no useful purpose. See Griggs v. Superintendent,…