Lawrence E. Wilson, Warden, California State Prison at San Quentin v. Donald Lee Blabon

Donald Lee Blabon, a California state prisoner, applied to the district court for a writ of habeas corpus. The district court granted the writ, but this court, as then constituted (Judges Hamley, Ely and Mathes), reversed. Judge Mathes wrote the opinion and Judge Ely dissented, Wilson v. Blabon, 9 Cir., 370 F.2d 997 , decided January 6, 1967. On October 14, 1968, sub nom. Blabon v. Nelson, 393 U.S. 20 , 89 S.Ct. 49 , 21 L.Ed.2d 19 , the United States Supreme Court granted a writ of certiorari, vacated the judgment, and remanded the cause to this court for further consideration in light of In re Bevill, Cal., 69 Cal.Rptr. 599 , 442 P.2d 679 , decided July 8, 1968, as modified by 69 A.C. 101, August 21, 1968.

For the purpose of reconsidering the cause on remand, Judge Hufstedler has been added to the panel vice Judge Mathes, deceased.

A full account of the background facts is set forth in this court’s prior opinion and the following brief statement of facts will suffice for present purposes. Blabon is in state custody by virtue of a 1961 civil commitment for an indeterminate period entered by the California Superior Court pursuant to proceedings under sections 5501(a), 5512 and…