Irving Jackson v. Louis S. Nelson, Warden, San Quentin Prison

Appellant appeals from the order of the United States District Court for the Northern District of California denying his petition for a writ of habeas corpus. Appellant prosecutes this appeal in pro-pria persona. The district court issued a certificate of probable cause and permitted appellant to appeal in forma pauperis.

Appellant is presently in State custody following his conviction, by a jury, of violating Sec. 209 of the Penal Code of the State of California [kidnapping for the purpose of robbery], and two violations of Sec. 211 of the Penal Code of the State of California [robbery of two different persons].

Appellant, together with one Wright and one Malone, was tried in the Superior Court of the State of California in and for the County of Los Angeles, and each of the three was represented by separate counsel. No appeal was taken by appellant from the judgment of conviction. Co-defendant Wright appealed from the judgment of conviction imposed upon him, and his conviction was affirmed by the California Court of Appeals for the Second Appellate District. People v. Wright, 216 Cal.App.2d 866 , 31 Cal.Rptr. 432 (1963).

In his petition, appellant alleges that petitions for…

(dissenting) :

I dissent.

I think the district court had enough before it to meet the standards of inquiry required by Townsend v. Sain, 372 U.S. 293 , 83 S.Ct. 745 .

404 F.2d 1138 Irving JACKSON, Appellant, v. Louis S. NELSON, Warden, San Quentin Prison, Appellee. No. 22402. United States Court of Appeals Ninth Circuit. Dec. 12, 1968, Rehearing Denied Jan. 8, 1969. Irving Jackson, in pro. per. Thomas C. Lynch, Atty. Gen., Derald E. Granberg, Michael J. Kelly, Deputy Attys. Gen., San Francisco, Cal., for appellee. Before CHAMBERS, JERTBERG and ELY, Circuit Judges. PER CURIAM: 1 Appellant appeals from the order of the United States District Court for the Northern District of California denying his petition for a writ of habeas corpus. Appellant prosecutes this appeal in propria persona. The district court issued a certificate of probable cause and permitted appellant to appeal in forma pauperis. 2 Appellant is presently in State custody following his conviction, by a jury, of violating Sec. 209 of the Penal Code of the State of California (kidnapping for the purpose of robbery), and two violations of Sec. 211 of the Penal Code of the State of California (robbery of two different persons). 3 Appellant, together with one Wright and one Malone, was tried in the Superior Court of the State of California in and for the County of Los Angeles, and each…