James Reese v. Harley O. Teets, Warden of the California State Prison at San Quentin

Reese appeals from the denial by the district court on February 14, 1957, of his application for a writ of habeas corpus filed on February 14, 1957, seeking his release from the custody of the Warden of the California State Penitentiary at San Quentin and from the denial of his motion for the stay of his execution set for the next day, February 15, 1957.

Reese’s brief states that the jury adjudged him guilty on “seven counts for the murder of .Georgia Barrett, on December 26, 1955, and of Elizabeth Simpson on December 28, 1955, assault with intent to murder Betty Luke on December 26, 1955, burglary of Luke’s apartment, Barrett’s apartment and Simpson’s apartment, and the rape of Elizabeth Simpson on December 28, 1955.” and made no recommendation for the penalty for the murders. The court sentenced him to be executed. After the affirmance of the California Superior Court’s judgment that court fixed the date of execution for February 15, 1957.

The district court recognized that Reese in his application failed to allege, in compliance with the requirement of 28 U.S.C. § 2254 , that he had exhausted his state remedies, but took judicial notice of his denied petition to the…