Lawrence E. Wilson, Warden v. Veron Atchley

(dissenting):

Appellee was a petitioning state prisoner in the court below. He had been convicted of first degree murder and sentenced to death. The California Supreme Court affirmed the conviction and sentence. (People v. Atchley, 53 Cal.2d 160 , 346 P.2d 764 (1959).) Certiorari to the Supreme Court of the United States was granted, and then dismissed as improvidently granted. ( 366 U.S. 207 , 81 S.Ct. 1051 , 6 L.Ed.2d 233 (1961).) Appellee’s sentence was later commuted to life imprisonment without possibility of parole in 1961, and was further commuted to allow parole in 1966. Appel-lee petitioned the United States courts for a writ of habeas corpus. This was denied, without a hearing, and the denial affirmed upon the ground there was no lack of due process. Atchley v. Dickson, 338 F.2d 1014 (9th Cir. 1964).

This is an appeal, therefore, from a second petition for a writ of habeas corpus based on the claim (1) petitioner’s confession was improperly admitted into evidence; (2) the trial court erroneously excluded evidence as to petitioner’s mental condition; (3) that no hearing was held outside the jury’s presence to determine the admissibility of petitioner’s extra-judicial…

The judgment is affirmed for the reasons stated in the district court’s opinion, 300 F.Supp. 68 (N.D.Calif.1968).

412 F.2d 230 Lawrence E. WILSON, Warden, Appellant, v. Veron ATCHLEY, Appellee. No. 22735. United States Court of Appeals Ninth Circuit. May 27, 1969. Rehearing Denied June 26, 1969. Appeal from the United States District Court for the Northern District of California; Robert F. Peckham, Judge. Charles A. Legge (argued), of Bronson, Bronson & McKinnon, San Francisco, Cal., for appellee. William D. Stein (argued), Deputy Atty. Gen., Thomas C. Lynch, Atty. Gen., Robert R. Granucci, Deputy Atty. Gen., San Francisco, Cal., for appellant. Before BARNES, HAMLEY, and BROWNING, Circuit Judges. PER CURIAM: 1 The judgment is affirmed for the reasons stated in the district court's opinion, 300 F.Supp. 68 (N.D.Calif.1968). BARNES, Circuit Judge (dissenting): 2 Appellee was a petitioning state prisoner in the court below. He had been convicted of first degree murder and sentenced to death. The California Supreme Court affirmed the conviction and sentence. (People v. Atchley, 53 Cal.2d 160 , 346 P.2d 764 (1959).) Certiorari to the Supreme Court of the United States was granted, and then dismissed as improvidently granted. ( 366 U.S. 207 , 81 S.Ct. 1051 , 6 L.Ed.2d 233 (1961).) Appellee's…