Chester Nelson v. People of the State of California, Robert A. Heinze, Warden

Nelson appeals from an order denying his petition for a writ of habeas corpus. He is a California State prisoner, convicted in the California Superior Court, County of Los Angeles, of a violation of section 11530.5 of the California Health and Safety Code, a felony. It was also found that he had been convicted of a prior offense, and he was sentenced accordingly on June 19, 1962. His appeal to the California District Court of Appeal was unsuccessful. People v. Nelson, 1963, 218 Cal.App.2d 359 , 32 Cal.Rptr. 675 . A petition for habeas corpus, filed in the California Supreme Court, was denied, without opinion, on October 16, 1963. Nelson then filed the present petition in the United States District Court. That court issued an order to show cause, and a return and a motion to dismiss, a traverse and a supplemental traverse were filed. The District Court, without further hearing, ordered that the petition be dismissed. It denied a petition for a rehearing, but granted a certificate of probable cause.

Although he states it in many ways, Nelson’s basic contention is that there was introduced against him at his trial evidence obtained in violation of his rights under the Fourth…