Ralph Richard Benson v. Leland C. Carter, Probation Officer of Los Angeles County, People of the State of California

Ralph Richard Benson, on probation from a California State conviction, appeals from a district court order denying his application for a writ of habeas corpus. This is the second time that Benson has been before this court in a habeas corpus proceeding claiming that, as a result of his 1960 state conviction for prosecuting fraudulent personal injury claims, he is being held in custody “in violation of the Constitution or laws or treaties of the United States * * 28 U.S.C. § 2241 (c) (3) (1964).

On the first appeal Benson alleged, among other things, that the refusal of the California courts to permit him to assert the defense of entrapment without admitting all the elements of the crimes charged deprived him of due process. In affirming the district court order denying habeas relief, we held that the conduct of the law enforcement officers did not deprive Benson of due process and that this court was without jurisdiction in a habeas corpus proceeding to review state law on the question of entrapment. Benson v. People of State of California, 9 Cir., 336 F.2d 791, 797-798 . The Supreme Court denied certiorari on March 29, 1965. 380 U.S. 951 , 85 S.Ct. 1086 , 13 L.Ed.2d 970 .

On…