· 11/17/1977
Arthur William Mack v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary
Citations
- 564 F.2d 898
- 1977 U.S. App. LEXIS 6011
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the opportunity to litigate “extends to appellate review and 18 other matters unrelated to the need for a state court hearing”
- finding that the 20 petitioner was afforded an opportunity for full and fair litigation even though the state court 21 refused to hold an evidentiary hearing, explaining, in part, that “the opportunity to litigate is 22 broader than the evidentiary hearing”
- resolving a similar probable cause burden of proof issue in the Stone v. Powell context
- relying on Stone v. Powell, 428 U.S. 465, 481–82 (1976) (Fourth Amendment issues are not cognizable on federal habeas review)
- relying on Stone v. Powell, 428 U.S. 465, 481–82 (1976) (Fourth Amendment issues are not cognizable on federal habeas review)
- relying on Stone v. Powell, 428 U.S. 465, 481–82 (1976) (Fourth Amendment issues are not cognizable on federal habeas review); Caldwell v. Cupp, 781 F.2d 714, 715 (9th Cir. 1986
Source: CourtListener parenthetical corpus (CC0).
Judges: Barnes, Ely, Van Pelt
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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