Jay Burton Jones v. Walter E. Craven, Warden, 428 F.2d 478 (9th Cir. 1970). · Go Syfert
Jay Burton Jones v. Walter E. Craven, Warden, 428 F.2d 478 (9th Cir. 1970). Cases Citing This Book View Copy Cite
2 citation events across 2 distinct courts.
Strongest positive: Galenski v. Ford Motor Co. Pension Plan (ca6, 2008-08-21)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) Galenski v. Ford Motor Co. Pension Plan
6th Cir. · 2008 · confidence medium
Marilyn mistakenly relies upon a Third Circuit case that held that the ex-wife of a deceased pension plan participant had pre-existing rights to plan benefits where the domestic order stated that the “wife shall be entitled to one-half of the Exxon pension ...” Files v. Exxon Mobile Pension, Plan, 428 F.2d 478, 480 (3d Cir.2005).
Retrieving the full opinion text from the archive…
Jay Burton JONES, Appellant,
v.
Walter E. CRAVEN, Warden, Appellee
24589.
Court of Appeals for the Ninth Circuit.
Aug 4, 1970.
428 F.2d 478
Jay Burton Jones, in pro. per., Thomas C. Lynch, Atty. Gen., Wm. E. James, Asst. Atty. Gen., Wm. V. Ballough, Deputy Atty. Gen., Los Angeles, Cal., for appellee.
Ely, Carter, Kilkenny.
Cited by 2 opinions  |  Published
PER CURIAM:

Jones is a California state prisoner, having been convicted of the crime of burglary. Cal. Penal Code § 459. The District Court denied his petition for habeas corpus without having conducted an evidentiary hearing. The record of the state court proceedings is not before[*479] us, and, as far as we can ascertain, it was not introduced as an Exhibit in the court below.

In his brief in this court, Jones challenges his state court conviction on numerous grounds which were inadequately presented to the District Court. As an example, Jones claims in his brief that police officers employed impermissibly coercive procedures in requiring him to reenact his crime in the presence of a potential witness. He did not, however, in his petition, specify wherein the introduction of evidence resulting from the alleged coercion, if any such evidence were introduced at all, operated to hfs prejudice. The same may generally be said as to his contention that he was the victim of an unconstitutional search and seizure.

In any event, California’s Attorney General insists that the California state courts have never been afforded the opportunity to make the first determination concerning any significant allegations which Jones may have presented in the District Court. As we read his brief, the Attorney General concedes that Jones is entitled to an evidentiary hearing in the California courts. In these circumstances, we hold that Jones must first exhaust his available state remedies.

Affirmed.