(Download) "Lawrence E. Wallace v. Robert A. Heinze" by United States Court of Appeals for the Ninth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Lawrence E. Wallace v. Robert A. Heinze
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 15, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
This is an appeal by Lawrence E. Wallace, a prisoner incarcerated in the California State Penitentiary at Represa, from the judgment of the United States District Court dismissing his application for a writ of to effect his discharge from custody. Appellant was not entitled to the writ as if by default, because the respondent state did not file its return to the order to show cause within the time specified by the statute. 1 Here, it appears that the District Court granted respondent additional time to do so, and we think the court possessed this inherent power. Granted that dispatch is the keynote in all phases of and that the statutory limitation of time is clearly directed to that end, there are instances -- and this appears to be one of them -- where more time is required to make a full and complete return. It is readily apparent that a full and complete return made in the first instance will in fact hasten a final determination on the merits.