Laue

Laue v. Nelson

Good Law
279 F. Supp. 265·1968 U.S. Dist. LEXIS 8973
United States District Court, Northern District of CaliforniaFebruary 8, 196848261California442 words

Opinion

Opinion

Weigel, J.

ORDER TRANSFERRING PETITION FOR HABEAS CORPUS

At the time of filing his petition for habeas- corpus with this court, Richard Laue was imprisoned at San Quentin (located in this district) pursuant to sentence of the Superior Court of the State of California in and for the County of Los Angeles. Thereafter, the state authorities transferred him to the California Conservation Center at Susan-ville, which is outside of this district. The transfer does not deprive this court of jurisdiction. Threatt v. State of North Carolina, 221 F.Supp. 858 (W.D.N.C. 1963); 28 U.S.C. § 2241 (d) (Supp. II, 1967).

Petitioner’s major contention is that his plea of guilty was induced by a confession obtained in violation of his constitutional rights. Consideration of the return and traverse filed in response to the order to show cause issued by this court indicates that an evidentiary hearing will be necessary before final determination of petitioner’s claims. See, e. g., Sessions v. Wilson, 372 F.2d 366 (9th Cir. 1966); Johnson v. Wilson, 371 F. 2d 911 (9th Cir. 1967); Doran v. Wilson, 369 F.2d 505 (9th Cir. 1966).

Section 2241(d) of Title 28 of the United States Code authorizes transfer by a…

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