From Casetext: Smarter Legal Research

Russell v. United States

United States Court of Appeals, Ninth Circuit
Jul 10, 1963
321 F.2d 533 (9th Cir. 1963)

Opinion

No. 18568.

July 10, 1963.

Ples Elworth Russell, in pro. per.

Francis C. Whelan, U.S. Atty., Thomas R. Sheridan, Russell R. Hermann, Asst. U.S. Attorneys, Los Angeles, Cal., for appellee.

Before CHAMBERS, BARNES and JERTBERG, Circuit Judges.


Because of the broad allegations of knowing use of perjured testimony at his (Russell's) trial, it is our judgment that the district court's order denying relief must be reversed, and it is so ordered.

The government should be directed to respond to appellant's petition. Obviously appellant can be required to particularize his claim. Perhaps a deposition taken of appellant would show more clearly whether a hearing need be held, or, if held, whether there is any need for Russell's presence.

The remand is without limitation as to scope.


Summaries of

Russell v. United States

United States Court of Appeals, Ninth Circuit
Jul 10, 1963
321 F.2d 533 (9th Cir. 1963)
Case details for

Russell v. United States

Case Details

Full title:Ples Elworth RUSSELL, Appellant, v. UNITED STATES of America, Appellee

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 10, 1963

Citations

321 F.2d 533 (9th Cir. 1963)

Citing Cases

Barnett v. United States

If there were facts in the record to support the Appellant's allegation of the knowing use by the prosecution…