William Thomaston v. Clarence T. Gladden, Warden, Oregon State Penitentiary

The district court examined the transcript of the state post-conviction hearing pursuant to the remand order in Thomaston v. Gladden, 326 F.2d 305 (9th Cir. 1964), and concluded that the state court hearing met the tests of Townsend v. Sain, 372 U.S. 293 , 83 S.Ct. 745 , 9 L.Ed.2d 770 (1963), and that the state court findings were fairly supported by the record. Applying federal constitutional standards, the district court determined the three issues left undecided by this court. 326 F.2d at 306 . We have concluded from our own examination of the record in the light of the applicable authorities that these conclusions and determinations of the district court, outlined in its memorandum decision of October 19, 1964, were correct.

On the remand appellant also raised a new issue, claiming that his guilty plea was induced by his knowledge that the state had possession of the murder weapon, which had been illegally seized, and of appellant’s signed confession, which had been illegally obtained. The district court stayed further proceedings to permit appellant to submit this issue to the state court. Appellant moved to reopen the state court post-conviction proceeding, but before a…