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Stabile v. Lamb

United States Court of Appeals, Ninth Circuit
Sep 19, 1969
416 F.2d 458 (9th Cir. 1969)

Summary

rejecting habeas claim of speedy-trial violation and noting that district court "was on solid ground when it found that the responsibility for the delay was largely attributable to the appellant and that he, not the state, prevented an early trial."

Summary of this case from Lipsey v. Pffifer

Opinion

No. 23110.

September 19, 1969.

Charles L. Kellar (argued), Las Vegas, Nev., for appellant.

George H. Spizziri (argued), George E. Franklin, Jr., Dist. Atty., Las Vegas, Nev., Harvey Dickerson, Atty. Gen., Carson City, Nev., for appellee.

Before BARNES and KOELSCH, Circuit Judges, and KILKENNY, District Judge.

The Honorable John F. Kilkenny, United States District Judge for the District of Oregon, sitting by designation.


Appellant is dissatisfied with the order of the District Court denying his petition for a writ of habeas corpus. He asserts that he was denied, by the Nevada courts, his Sixth Amendment right to a speedy trial. That Court was on solid ground when it found that the responsibility for the delay was largely attributable to the appellant and that he, not the state, prevented an early trial. Had not appellant sought a writ of prohibition in the state court, he would have been tried on the main case long prior to the decision denying his petition. The record before us fully supports the findings of the Nevada and of the District Court. Appellant's Sixth Amendment right to a speedy trial was not blemished. United States v. Ewell, 383 U.S. 116, 86 S.Ct. 773, 15 L.Ed.2d 627 (1966); Maldonado v. Eyman, 377 F.2d 526 (9th Cir. 1967); York v. United States, 389 F.2d 761 (9th Cir. 1968); Moser v. United States, 381 F.2d 363 (9th Cir. 1967), cert. denied 389 U.S. 1054, 88 S.Ct. 802, 19 L.Ed.2d 850 (1968).

Stabile v. Justice's Court of Las Vegas Township, 83 Nev. 393, 432 P.2d 670 (1967).

Equally without merit are the lesser contentions of appellant. They involve Nevada state law and were correctly resolved against him by the state court.

We affirm.


Summaries of

Stabile v. Lamb

United States Court of Appeals, Ninth Circuit
Sep 19, 1969
416 F.2d 458 (9th Cir. 1969)

rejecting habeas claim of speedy-trial violation and noting that district court "was on solid ground when it found that the responsibility for the delay was largely attributable to the appellant and that he, not the state, prevented an early trial."

Summary of this case from Lipsey v. Pffifer
Case details for

Stabile v. Lamb

Case Details

Full title:Nicholas Anthony STABILE, Petitioner-Appellant, v. Ralph LAMB, Sheriff…

Court:United States Court of Appeals, Ninth Circuit

Date published: Sep 19, 1969

Citations

416 F.2d 458 (9th Cir. 1969)

Citing Cases

Lipsey v. Pffifer

See id. A criminal defendant cannot show violation of his right to speedy trial when the challenged delay is…