Henry Hughes v. Robert A. Heinze, Warden, Folsom State Prison

Appellant, Henry Hughes, was convicted in 1952 of the crime of burglary before the Superior Court of the State of California in Orange County, California. He admitted four prior convictions and sentences. The Court found him to be an habitual criminal under the provisions of California law, and sentenced him accordingly. No appeal was taken by appellant from the judgment of conviction and he is now confined in the California State Prison at Folsom.

The question presented by this appeal is whether appellant’s petition for habeas corpus filed in the District Court on June 9, 1958, was properly denied by that Court.

On application therefor, this court (1) granted Hughes’ motion to proceed upon this appeal in forma pauperis, (2) appointed counsel to represent him on the appeal, and (3) set aside a certificate of the District Court that the appeal was not taken in good faith.

In his petition to the District Court appellant asserted eight reasons why the writ should issue. The warden’s uncontroverted return shows that all but three of these were reasons which had never before been presented to a State Court. Our independent examination of appellant’s petition filed with the…