George J. Harders v. State of California

Good Law
373 F.2d 839
United States Court of Appeals for the Ninth CircuitMarch 3, 196720485_1California2,403 words

Opinion

Opinion

Ely, J.

Appellant is a California state prisoner. In a jury trial which followed his pleas of not guilty to the two offenses with which he was charged, he was convicted of robbery (Cal.Pen.Code § 211) and conspiracy to commit robbery (Cal. Pen.Code § 182). His trial commenced on April 24, 1961, and the jury returned its verdict on the following day. A notice of appeal was filed on May 5, 1961, and California’s intermediate appellate court affirmed the conviction on March 27, 1962. People v. Harders, 201 Cal. App.2d 795 , 20 Cal.Rptr. 595 . A petition for rehearing of the appeal was denied on April 11, 1962, and a petition for hearing by California’s Supreme Court was denied on May 23, 1962. Thereafter appellant attempted, in various petitions for writs of habeas corpus, to obtain relief in the California state courts. All of these petitions were denied, and the Supreme Court, on November 16, 1964, denied an application for writ of certiorari by which appellant sought review of the denial by the Supreme Court of California of his petition for the writ. Thereafter, on June 18, 1965, appellant filed his petition for writ of habeas corpus in the court beiow. 28 U.S.C. § 2241 . The District…

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