James THOMAS v. Edward A. HINZ, Jr., et al.
United States Court of Appeals, Ninth Circuit
466 F.2d 1236
Before KOELSCH, HUFSTEDLER, and GOODWIN, Circuit Judges.
Evelle J. Younger, Atty. Gen., Edward A. Hinz, Jr., Chief Asst. Atty. Gen., William E. James, Robert R. Granucci, Asst. Attys. Gen., Jerome C. Utz, Deputy Atty. Gen., San Francisco, Cal., for appellee.
AMENDED OPINION
PER CURIAM:
James Thomas, a California state prisoner, appeals the denial of his petition for a writ of habeas corpus. He asserts illegal search and seizure, insufficiency of the evidence, and various trial errors, all of which in combination denied him due process. We affirm.
Thomas unsuccessfully presented the same contentions to the California Court of Appeal. People v. Thomas, 267 Cal.App.2d 698, 73 Cal.Rptr. 590 (1968). The California Supreme Court denied review. Having thus exhausted his state remedies, Thomas applied to the federal district court for relief.
Reasoning that
However, Thomas does not call into question any of the factual statements made by the state appellate court and erroneously “adopted” by the federal district court. Since the record reveals no disputed factual issues relevant to the petitioner‘s claims, we have concluded that the district court‘s invocation of
An examination of the undisputed facts reveals no constitutional violations. The arrest complained of was based on probable cause. The search was of the common stairway of an apartment hotel with the consent of the hotel manager. Without suggesting that the alleged errors at trial were indeed error, we note that in any event none would rise to constitutional dimensions. Crisafi v. Oliver, 396 F.2d 293 (9th Cir.), cert. denied, 393 U.S. 889, 89 S.Ct. 208, 21 L.Ed.2d 167 (1968).
Affirmed.