Earnest Peterson v. Lawrence E. Wilson, Warden, San Quentin, California

Peterson is serving a life sentence imposed by a state court following his plea of guilty to first degree murder. He appeals from the denial of his petition for habeas corpus, without the issuance of an order to show cause or a hearing.

We agree with the district court that appellant’s reliance upon Escobedo v. State of Illinois, 378 U.S. 478 , 84 S.Ct. 1758 , 12 L.Ed.2d 977 (1964), is misplaced in the light of Johnson v. State of New Jersey, 384 U.S. 719 , 86 S.Ct. 1772 , 16 L.Ed.2d 882 (1966). We also agree that Wallace v. Heinze, 351 F.2d 39 (9th Cir. 1965), precludes collateral attack on appellant’s conviction on the ground that evidence was improperly procured.

We cannot agree, however, that it could be conclusively determined from the face of the petition that appellant was not entitled to relief on the grounds, also alleged, that he did not have effective assistance of counsel and that his guilty plea was involuntary. Thomaston v. Gladden, 326 F.2d 305, 307 (9th Cir. 1964).

The district court apparently dismissed the petition as to the latter claims because it considered the factual allegations in support of the claims to be insufficient. We think the problem presented…