James E. Hardee v. Lawrence E. Wilson, Warden

Appellant, a state prisoner proceeding in propria persona and forma pauperis, appeals from the denial of his petition for a writ of habeas corpus. The district court ruled:

For two reasons, the judgment of the district court must be, and is, affirmed.

I

The district court’s conclusion that the Escobedo rule had no retroactive effect was correct. In Johnson et al. v. State of New Jersey, 384 U.S. 719 , 86 S. Ct. 1772 , 16 L.Ed.2d 882 (decided June 20, 1966), the Supreme Court said:

Thus, paraphrasing Johnson, we must hold: The conviction assailed here was obtained at a trial completed long before Escobedo was rendered, and the rulings of that case is therefore inapplicable to the present proceeding.

II

Appellant was charged with two counts of murder. He was represented by the public defender at the preliminary hearing. One witness at the scene of the double shooting testified that she was present with appellant and the two victims, and no one else, in her home where and when the killings occurred. Another eye witness who heard the shots described appellant’s flight from the scene. Both were vigorously examined on appellant’s behalf. Appellant’s written statement was…