Does a witness-deputy need to be called to testify at a habeas corpus hearing?

MultiRegion, United States of America

The following excerpt is from Helmick v. Cupp, 437 F.2d 321 (9th Cir. 1971):

1 At the habeas corpus hearing in the district court, the witness-deputy testified that no mention of the case was made at any time, although one of the jurors did ask him for information about a traffic law which he was unable to give. True, neither of the two non-testifying deputies was called, but we are not prepared to speculate that either may have committed some gross impropriety while carrying out the trial court's order. See Bowles v. Texas, 366 F.2d 734 (5th Cir. 1966).

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