[DOWNLOAD] "Buffalo V. Sunn" by United States Court of Appeals for the Ninth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Buffalo V. Sunn
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 16, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Buffalo was convicted of first-degree robbery and first-degree assault in Hawaii state court. Following an unsuccessful direct appeal and state collateral attack, he filed a petition for a writ of habeas corpus with the United States District Court for the District of Hawaii. The district court conditionally granted the writ. We have jurisdiction pursuant to 28 U.S.C. § 2253. Because we conclude that the district court should have held an evidentiary hearing in order to resolve a factual dispute over whether Buffalo had demonstrated "cause" under Wainwright v. Sykes, 433 U.S. 72, 53 L. Ed. 2d 594, 97 S. Ct. 2497 (1977) (Sykes), for failing to appeal his collateral attack to the Hawaii Supreme Court, we reverse and remand for an evidentiary hearing.
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