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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.