Tahl

Tahl v. O'CONNOR

Good Law
336 F. Supp. 576·1971 U.S. Dist. LEXIS 10649
United States District Court, Southern District of CaliforniaNovember 23, 1971Civ. 70-234California6,057 words

Opinion

Opinion

Turrentine, J.

MEMORANDUM OF DECISION

On February 24, 1966, petitioner, William A. A. Tahl, was sentenced to death by the Superior Court of California, in and for the County of San Diego, subsequent to his pleas of guilty to two counts of murder in the first degree, one count of attempted armed robbery, one count of rape, and one count of grand theft auto. Pursuant to 28 U.S.C. § 2254 , petitioner now seeks to overturn his conviction on the following basis:

(1) The standards for the acceptance of a guilty plea as enunciated in the case of Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969), were not satisfied;

(2) The guilty pleas were not voluntarily and intelligently entered due to:

(a) Inadequate and misleading examination by the trial court as to the meaning and consequence of his pleas;

(b) The disabling effects of petitioner’s ingestion of six one-quarter grain tablets of phenobarbital;

(3) The incompetence of counsel rendered the guilty pleas involuntary and generally reduced the entire trial to a sham or farce;

(4) The prosecutor failed to disclose to the defense evidence favorable to the defendant, in direct contravention of the mandate in the ease of Brady v.…

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