David Manning v. The State of California

The appeal of petitioner below from the order denying petition for a Writ of Habeas Corpus is affirmed, on the order of the District Court, and for the reasons expressed therein. We adopt it in toto:

“Petitioner, a state prisoner confined at San Quentin, has made application to this Court for a writ of habeas corpus. An order to show cause why the petitioner should not be released was issued on August 31, 1965. Following the hearing on the order to show cause, the case was set down for an evidentiary hearing and the Court appointed Thomas C. Ryan, Esq., to represent petitioner. The evidentiary hearing was held on November 12, 1965. Subsequent to the submission of the case, this Court issued an order vacating submission on June 28, 1966, so that the parties could consider the application of two recent decisions of the United States Supreme Court, Miranda v. [State of] Arizona, 384 U.S. 436 [ 86 S. Ct. 1602 , 16 L.Ed.2d 694 ] (1966), and Johnson v. [State of] New Jersey, 384 U. S. 719 , [ 86 S.Ct. 1772 , 16 L.Ed.2d 882 ] (1966).

“The evidence adduced at the evidentiary hearing was primarily related to petitioner’s claim that a confession was elicited in violation of the rule…