Application of Raymond C. Hodge for Certificate of Probable Cause

Hodge has applied to me for a certificate of probable cause. He wants to appeal from an order of the District Court for the Northern District of California, Northern Division, denying his petition for a writ of habeas corpus. In 1953 he was indicted and charged with first degree murder. He pleaded guilty and was sentenced to life imprisonment. No appeal was taken.

This is the second application of this character which has been made by Hodge. His first was denied on the ground that he had not exhausted his remedies in the state courts. See Application of Hodge, 9 Cir., 248 F.2d 843 . Following that he filed a new petition for writ of habeas corpus in the Supreme Court of California on November 13, 1957. His petition there, designated No. 6171, was denied on November 26, 1957. His petition to the Supreme Court of the United States for writ of certiorari was denied, Hodge v. People of State of Cal., 356 U.S. 942 , 78 S.Ct. 789 , 2 L.Ed.2d 818 . Thereafter he again petitioned for a writ of habeas corpus in the federal court. An order to show cause was issued and the respondent Heinze, Warden of the State Penitentiary at Folsom, filed a return to the order to show cause and a motion…