Charles Earl Brubaker v. Fred R. Dickson, Warden of the California State Prison at San Quentin, California

Appellant was convicted in the Superior Court of Los Angeles County of murder in the first degree. He was sentenced to death. After exhausting state remedies, appellant filed a petition for habeas corpus in the District Court. That court denied the petition after oral argument. Appellant then filed an identical petition in this Court. We declined to entertain it, transferring the application back to the District Court for “hearing and determination.” The District Court again dismissed the petition on oral argument, rejecting affidavits offered by both sides and declining to receive further evidence.

I.

Appellant alleged that he had been denied effective aid of counsel at his trial in the state court. He alleged that through lack of investigation and preparation his court-appointed trial counsel failed to discover and present substantial defenses which appellant had to the charge against him. These defenses were said to be (1) that at the time of the homicides appellant could not have had the specific intent required for first-degree murder; and (2) that certain confessions, which were the sole evidence of appellant’s guilt, were obtained in violation of his constitutional…