The following excerpt is from Palakiko v. Harper, 209 F.2d 75 (9th Cir. 1953):
On account of the views which we entertain upon these matters, and the action of the court below in respect thereto, we prefer to base our decision respecting the confessions not merely upon our opinion as to the impropriety of the use of the petition for the writ, but also upon a consideration of the merits of the case sought to be made by the petitioners. Therefore we shall proceed to inquire whether the court's findings and conclusions with regard to them are erroneous and whether its judgment should for that reason be reversed. To that end we shall assume that this is a case presenting exceptional circumstances of such character as to permit presentation of such issues upon petition for writ of habeas corpus, Bowen v. Johnston, 306 U.S. 19, 27, 59 S.Ct. 442, 83 L.Ed. 455, taking it for granted that there was no legal impediment to the presentation to the court below of all questions raised by the petition for the writ and that the court properly proceeded to examine the facts and the law with respect thereto.
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