Wilson v. Weigel

387 F.2d 632 Lawrence E. WILSON, Warden, California State Prison as San Quentin, Petitioner, v. Honorable Stanley A. WEIGEL, Judge of the United States District Court for theNorthern District of California, Respondent. No. 22076. United States Court of Appeals Ninth Circuit. Dec. 1, 1967. Thomas C. Lynch, Atty. Gen., Edward P. O'Brien (argued), Deputy Atty. Gen., Derald E. Granberg, Deputy Atty. Gen., San Francisco, Cal., for petitioner. Nancy A. Rossi, San Leandro, Cal., David Strain (argued), San Francisco, Cal., for respondent. Before POPE, MERRILL and DUNIWAY, Circuit Judges. MERRILL, Circuit Judge: Petitioner, as Warden of the California State Prison at San Quentin, seeks a writ of mandamus to compel respondent district judge to vacate a notice of the taking of a deposition in connection with habeas corpus proceedings now pending before respondent. In those proceedings habeas corpus is sought by Daniel Allen Roberts who is, in interest, the real respondent in the present proceedings. He attacks the legality of his detention in state prison upon the ground that in the state trial resulting in his conviction 'testimony known to be false was used by the prosecution,' in support…