Richard G. Riser v. Harley O. Teets, Warden of the California State Prison at San Quentin

Appellant was tried and convicted in a California court of the murder of two people — a man and his wife — and was sentenced to death. His defense was an alibi. Pursuant to a state statute, Pen. Code, § 1239(b) he was accorded an automatic appeal to the California Supreme Court, which tribunal affirmed the conviction. People v. Riser, 47 Cal.2d 566 , 305 P.2d 1, 15 . Certiorari was denied, 353 U.S. 930 , 77 S.Ct. 721 , 1 L.Ed.2d 724 . Thereafter appellant petitioned the court below for the writ of habeas corpus, asserting that he had been denied due process of law and the equal protection of the laws. The district court (Judge Murphy sitting) issued an order staying appellant’s execution until final disposition could be made of the petition; and after a hearing the application for the writ was denied. The matter is now before this court on appeal.

The evidence in the case is set out in exhaustive detail in the California court’s opinion on the automatic appeal, and no more of it will be touched upon here than is essential to an understanding of the points raised.

Prior to the trial counsel for appellant had asked that there be turned over to them by the authorities, for…

(dissenting).

As appears from the decision of the California court, the determination of appellant’s guilt or innocence turned upon the question whether he was properly identified as the man who did the shooting. This was the principal question for determination by the jury. The California decision also shows that the witnesses who identified appellant as the man who did the killing made statements in writing immediately after the homicides. That these statements were in existence, and in the possession of the prosecution or the police, and that they were inconsistent with the witnesses’ testimony was never denied. 1 Had these inconsistent statements been made available to the defendants they would have been important evidence in the case. As stated in respect to similar evidence in Gordon v. United States, 344 U.S. 414, 421 , 73 S.Ct. 369, 374 , 97 L.Ed. 447 : “The alleged contradictions to this witness’ testimony relate not to collateral matters but to the very incrimination of petitioners.” Although the California court expressed the view that it was error to deny this defendant those statements, 2 yet it held the error was not prejudicial because of the other evidence tending…

253 F.2d 844 Richard G. RISER, Appellant, v. Harley O. TEETS, Warden of the California State Prison at San Quentin, Appellee. No. 15639. United States Court of Appeals Ninth Circuit. March 17, 1958. Rehearing Denied April 22, 1958. George T. Davis, San Francisco, Cal., Carl B. Shapiro, Fairfax, Cal., for appellant. Edmund G. Brown, Atty. Gen., Clarence A. Linn, Asst. Atty. Gen., Arlo E. Smith, Deputy Atty. Gen., State of California, for appellee. Before HEALY, ORR and POPE, Circuit Judges HEALY, Circuit Judge. 1 Appellant was tried and convicted in a California court of the murder of two people — a man and his wife — and was sentenced to death. His defense was an alibi. Pursuant to a state statute, Pen. Code, § 1239(b) he was accorded an automatic appeal to the California Supreme Court, which tribunal affirmed the conviction. People v. Riser, 47 Cal.2d 566 , 305 P.2d 1, 15 . Certiorari was denied, 353 U.S. 930 , 77 S.Ct. 721 , 1 L.Ed.2d 724 . Thereafter appellant petitioned the court below for the writ of habeas corpus, asserting that he had been denied due process of law and the equal protection of the laws. The district court (Judge Murphy sitting) issued an…