Stephen Kelly and Latricia Anderson, Appellants, v. Carl Hocker, Warden, Nevada State Prison, Appellee, 428 F.2d 393 (9th Cir. 1970)

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U.S. Court of Appeals for the Ninth Circuit - 428 F.2d 393 (9th Cir. 1970) June 17, 1970
Rehearing Denied August 5, 1970

James D. Santini (argued), Las Vegas, Nev., Stephen Kelly and Latricia Anderson in pro. per. for appellants.

Neil Beller (argued), George E. Franklin, Dist. Atty., Joseph Ward, U. S. Atty., Las Vegas, Nev., Harvey Dickerson, Atty. Gen., Carson City, Nev., for appellee.

Before ELY, CARTER and KILKENNY, Circuit Judges.


Appellants were tried and convicted by a jury in the state court of Nevada of the crime of robbery.1  After exhaustion of state remedies, appellants filed a habeas corpus petition,2  which was denied after a hearing. They appeal. We affirm.

Over appellants' objections, the state trial court received in evidence a pistol which was found in Kelly's automobile by officers armed with a search warrant. Here, as they did in the state court and the federal district court, appellants challenge the sufficiency of the affidavit upon which the search warrant was granted. A discussion of the facts would add nothing to the validity of our decision. We have painstakingly examined the challenged affidavit and hold that it follows the guidelines and satisfies the requirements articulated in Giordenello v. United States, 357 U.S. 480, 78 S. Ct. 1245, 2 L. Ed. 2d 1503 (1958); Aguilar v. Texas, 378 U.S. 108, 84 S. Ct. 1509, 12 L. Ed. 2d 723 (1964); United States v. Ventresca, 380 U.S. 102, 85 S. Ct. 741, 13 L. Ed. 2d 684 (1965) and Spinelli v. United States, 393 U.S. 410, 89 S. Ct. 584, 21 L. Ed. 2d 637 (1969).



Kelly v. State, 84 Nev. 332, 440 P.2d 889


28 U.S.C. § 2241 et seq