Jean L. Chester v. The People of the State of California

Jean L. Chester, a California state prisoner, appeals from a district court order denying, without hearing, his application for a writ of habeas corpus. A certificate of probable cause was entered by a judge of this court, thereby enabling this court to entertain the appeal. See 28 U.S.C. § 2253 (1964). Chester appeared pro se in the district court but counsel *780 has been appointed to represent him on this appeal.

Chester argues that the district court erred in failing to issue a show cause order to determine whether his allegations of fact are disputed, and in failing to hold an evidentiary hearing as to any disputed facts. It is also contended that if reliance is placed upon state court findings as to any disputed facts, the district court erred in accepting such state court findings without first examining the state court record.

The principles to be applied in considering this argument are well established. The district court should not, in lieu of an evidentiary hearing, rely on a state court finding of fact, without first ascertaining that the state court evidentiary hearing was full and fair. Townsend v. Sain, 372 U.S. 293, 319 , 83 S.Ct. 745 , 9 L.Ed.2d 770 . The…

(concurring in part, dissenting in part):

I agree with the opinion of the Court so far as it remands the case for consideration of appellant’s allegations that he was denied the right to counsel at arraignment and that his plea was improperly induced. I would expand the hearing on remand to include the issues raised by appellant’s allegation that the state denied him counsel at preliminary examination.

The relevant facts, conceded or alleged, are these. Appellant was born October 21, 1928. He left school in the eighth grade. In December 1945, when he was seventeen years of age, he was committed to a state institution on a charge of statutory rape. In August 1946 he was transferred to San Quentin Prison. Four months later, on December 11,1946, prison officials removed him from a line of prisoners awaiting lunch, searched him, and found a knife in his coat pocket. Six months later, on June 16, 1947, appellant was brought before a Justice *782 Court for preliminary examination on a complaint charging a violation of section 4502 of the Penal Code of California, which prohibits a prisoner from possessing, or having custody and control of, a sharp instrument or other potential weapon.…

355 F.2d 778 Jean L. CHESTER, Appellant, v. The PEOPLE OF the STATE OF CALIFORNIA, Appellee. No. 19773. United States Court of Appeals Ninth Circuit. January 27, 1966. Paul C. Jess, Sonoma, Cal., for appellant. Thomas C. Lynch, Atty. Gen. of California, Doris H. Maier, Asst. Atty. Gen., Sacramento, Cal., for appellee. Before HAMLEY and BROWNING, Circuit Judges, and MATHES, District Judge. HAMLEY, Circuit Judge: 1 Jean L. Chester, a California state prisoner, appeals from a district court order denying, without hearing, his application for a writ of habeas corpus. A certificate of probable cause was entered by a judge of this court, thereby enabling this court to entertain the appeal. See 28 U.S.C. § 2253 (1964). Chester appeared pro se in the district court but counsel has been appointed to represent him on this appeal. 2 Chester argues that the district court erred in failing to issue a show cause order to determine whether his allegations of fact are disputed, and in failing to hold an evidentiary hearing as to any disputed facts. It is also contended that if reliance is placed upon state court findings as to any disputed facts, the district court erred in accepting such…