Paul K. Imbler v. Arthur L. Oliver, Warden, California State Prison at Folsom

Imbler’s petition for a writ of habeas corpus was denied by the District Court without a hearing. The sole ground was that the petition was premature. The factual basis for the ruling can be briefly stated: On September 4, 1958, Imbler was convicted in the Superior Court, Orange County, California, of grand theft (Cal.Pen.C. §§ 484, 487) and sentenced for the term prescribed by law, maximum 10 years. He is still serving that sentence, and does not attack the validity of that conviction. On February 6,1961, he was convicted in the Superior Court, Los Angeles County, of robbery in the second degree (Cal.Pen.C. § 211), and similarly sentenced. The maximum sentence is life, (Cal.Pen.C. § 671) and no shorter term has been fixed by the Adult Authority. He is also serving that sentence and does not attack the validity of that conviction. On April 10, 1961, he was convicted in the Superior Court, Los Angeles County, of murder in the first degree (Cal.Pen.C. § 187), for which the penalty was fixed at death, and assault with a deadly weapon (Cal.Pen.C. § 245), for which the maximum penalty is 10 years. On January 11, 1965, the death sentence was reduced to life imprisonment, following the…