Louis S. Nelson, Warden, California State Prison, San Quentin, California, Appellant, v. Thomas N. Clark, Appellee, 388 F.2d 985 (9th Cir. 1968)

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US Court of Appeals for the Ninth Circuit - 388 F.2d 985 (9th Cir. 1968) January 16, 1968

Thomas C. Lynch, Atty. Gen. of Cal., Robert R. Granucci, Michael Buzzell, Deputy Attys. Gen., San Francisco, Cal., for appellant.

Thomas N. Clark, in pro. per.

Before CHAMBERS, POPE and DUNIWAY, Circuit Judges.


The case is remanded to the United States District Court for the Northern District of California. The order of that court granting a writ of habeas corpus should be vacated and the petition reconsidered in the light of Chapman v. State of California, 386 U.S. 18, 87 S. Ct. 824, 17 L. Ed. 2d 705, which was not available to that court at the time of its decision herein.