Wilhelm J. Muhlenbroich v. Robert A. Heinze, Warden

Appellant sought a writ of habeas corpus in the district court below. 28 U.S.C. §§ 2241 , 2254. The petition was dismissed by the district court, which also refused to issue a certificate of probable cause to allow an appeal to this Court, and denied appellant the aid of an appointed attorney in the habeas corpus proceeding. This Court granted a certificate of probable cause, and permission to appeal in forma pauperis, and, as well, appointed counsel for the appeal. This Court has jurisdiction on appeal. 28 U.S.C. § 2253 .

In 1940, following a plea of guilty, appellant was convicted in the state courts of California of the crime of kidnapping for ransom, and sentenced to life imprisonment. Appellant has since been incarcerated. Applications for parole were refused in 1947, and annually thereafter since 1950.

Appellant came into the courts for the first time since his sentencing in 1955, when he sought a writ of coram nobis in the San Mateo County Superior Court. The petition was denied (July 11, 1955), and the denial subsequently affirmed by the District Court of Appeal. People v. Muhlenbroich, 1955, 137 Cal.App.2d 745 , 291 P.2d 45 . The California Supreme Court denied a…