Leroy Morris Cockrell and Ivy Dell Cockrell v. E. J. Oberhauser and Iverna Carter

Mr. and Mrs. Leroy Cockrell (“Leroy” and “Ivy”) appeal from an order of the District Court denying their petitions for writs of habeas corpus. ( 28 U.S.C. § 2241 (a), (c) (3).)

On June 24, 1963, Ivy and Leroy were each convicted of possessing for sale, selling, and conspiring to sell marihuana, after a joint trial before a California court sitting without a jury. Their convictions were affirmed by the California Court of Appeal and, ultimately, by the Supreme Court of California (People v. Cockrell (1965) 63 Cal.2d 659 , 47 Cal. Rptr. 788 , 408 P.2d 116 ). On June 13, 1967, they filed their petitions for federal habeas corpus, after exhausting all state remedies.

Ivy complains that some of her statements were admitted against her in violation of Escobedo v. Illinois (1964) 378 U.S. 478 , 84 S.Ct. 1758 , 12 L.Ed.2d 977 . She was tried before June 22, 1964, the date upon which Escobedo became effective for federal constitutional purposes. (Johnson v. New Jersey (1966) 384 U.S. 719 , 86 S.Ct. 1772 , 16 L.Ed.2d 882 .) No constitutional question is presented by the receipt of her statements, and we thus have no occasion to discuss further her Escobedo-based claims.

The remaining…