James H. Morrison v. Herbert v. Walker

Appellant herein was tried and convicted of a violation of section 26104(a) of the California Corporations Code (part of the Corporate Securities Law) by appellee in the latter’s capacity as a judge of the Superior Court of California in 1957. (Superior Court, Los An-geles case No. 184742.) Appellant filed an appeal from this conviction, which was affirmed by the various appellate tribunals. In the California District Court of Appeal, the appellate tribunal specifically upheld the constitutionality of the provision of the California Corporate Securities Law under which appellant was convicted, and upheld the jurisdiction of the Superior Court to try and convict the appellant. People v. Rankin and Morrison, 169 Cal.App.2d 150 , 337 P.2d 182 (1959). Further petition for rehearing in the California Supreme Court was denied on May 20, 1959, and the United States Supreme Court denied certiorari. 362 U.S. 905 , 80 S.Ct. 616 , 4 L.Ed.2d 556 (1959). After completion of the appellate process, the state prison sentence was put into effect in 1960, and appellant completed his prison term in 1965.

On May 10, 1966, appellant filed his original complaint in the present case, and in January…