Douglas W. Hall v. Louis S. Nelson, Warden, California State Prison, Tamal, California
Opinion
Opinion
The United States district court has denied Hall’s petition for a writ of ha-beas corpus. He appeals.
Hall pleaded guilty to a state., charge of robbing a grocery store. Under such circumstances, the grounds now possible in a federal court are limited. Doran v. Wilson, 9 Cir., 369 F.2d 505 , upon which petitioner relies is quite different. In that case there was a claim that his confession was made under the heavy influence of narcotics. This, he said, induced his plea. Here Hall relies on the fact that he made a confession which was never known to the public defender who advised to plead guilty. He says the confession was illegally obtained because of inadequate warnings and this influenced his plea. The confession was post-Escobedo, Escobedo v. United States, 378 U.S. 478 , 84 S.Ct. 1758 , 12 L.Ed.2d 977 , and pre-Miranda, Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 . To make a case pre-Miranda, it is necessary on the federal side to allege and prove that counsel was requested and denied. Manning v. California, 9 Cir., 378 F.2d 357 . There is no such allegation here, so no district court hearing was required.