James William Collins v. Lawrence E. Wilson, Warden, San Quentin Prison

James William Collins, a California state prisoner, commenced this habeas corpus proceeding in the district court. As his only ground for relief, Collins alleged that, in connection with in-custody police interrogation at which incriminating statements were taken which were later used against him, he was not advised of his rights to counsel and to remain silent, nor was he advised that any statement he made could be used against him. After the filing of a return and a reply thereto, the district court denied the application, holding, in effect, that Collins had not alleged facts entitling him to relief. Collins appeals.

Collins relies primarily on the principles of constitutional law respecting in-custody police interrogation as announced in Escobedo v. State of Illinois, 378 U.S. 478 , 84 S.Ct. 1758 , 12 L.Ed.2d 977 , decided on June 22, 1964. But the principles there announced are not to be applied to trials which began before the date on which that decision was announced. Johnson v. State of New Jersey, 384 U.S. 719, 732 , 86 S.Ct. 1772 , 16 L.Ed.2d 882 . Collins’ state criminal trial began before that date. Moreover, the allegations referred to above do not, in any event,…