Dovie Carl Mathis v. Louis S. Nelson, Warden, California State Prison, Tamal, California

This is an appeal in forma pauperis by a state prisoner from the denial of his petition for a writ of habeas corpus by the district court. ( 28 U.S.C. § 2241 .) A certificate of probable cause was issued.

The basis of the writ sought was (1) that appellant had been coerced into giving an incriminatory statement to the police while in custody; (2) that references to re-enactment of the crime (and appellant’s reaction thereto) violated defendant’s privilege against self-incrimination; (3) that the exclusionary rule enunciated in Escobedo v. Illinois, 378 U.S. 478 , 84 S.Ct. 1758 , 12 L.Ed.2d 977 (1964), has application here, despite the rule of non-retroactivity established in Johnson v. New Jersey, 384 U.S. 719 , 86 S.Ct. 1772 , 16 L.Ed.2d 882 (1966), because to apply Johnson would deprive appellant of due process of law.

Appeal is properly taken to this court. 28 U.S.C. § 2253 .

Appellant was convicted of murder in the first degree by a jury in the Superior Court of Santa Clara County, California, and, after trial as to penalty, was sentenced to death. On his automatic appeal to the Supreme Court of California, appellant’s conviction and sentence were affirmed. People v.…