Walter Edward Briley, Jr. v. Lawrence E. Wilson, Warden, California State Prison, San Quentin, California

Walter Edward Briley, Jr., in California penal custody under a judgment of conviction of second degree murder, entered on a plea of guilty, applied to the district court for a writ of habeas corpus. The application was denied without hearing, and Briley appeals.

In his application Briley listed six reasons why, in his view, a writ should be granted. They are as follows: (1) articles obtained from his home and automobile as a result of illegal searches and seizures were used against him at the preliminary hearing; (2) investigating officers obtained Briley’s consent to a lie detector test concerning possible robbery charges, and then used the test to obtain incriminating reactions from him concerning the murder in question; (3) interrogating officers obtained incriminating statements from .him without advising him of his right to the assistance of counsel or his right to remain silent, and without warning him that anything he might say could be used against him; (4) the preliminary hearing was not held within the time prescribed by statute; (5) after Briley’s retained counsel had objected to continuing the preliminary hearing beyond the time required by statute, he was called back…