Billy C. Still v. C. J. Fitzharris, Superintendent Correctional Training Facility

Still appeals from a denial without an evidentiary hearing of his petition for a writ of habeas corpus. He did not appeal his 1964 state conviction for mur-' der and robbery, and received a life sentence. He alleges his trial counsel told him he had no right of appeal and thus he was denied effective assistance of counsel.

On August 10, 1964, the California Court of Appeal denied appellant’s petition under Rule 31(a), California Rules of Court, providing for relief from a late filing of a notice of appeal. Thereafter on February 3, 1965, the California Court of Appeal denied a petition for a writ of habeas corpus. On April 14, 1965, the California Supreme Court denied a petition for a writ of habeas corpus. Finally on June 20, 1966, the United States Supreme Court denied a petition for a writ of certiorari to the California Supreme Court, Still v. California, 384 U.S. 1016 , 86 S.Ct. 1928 , 16 L.Ed.2d 1038 (1966). On August 22, 1966, the California Supreme Court dismissed a petition for relief under Rule 31(a), supra. We have not been furnished a record containing either petition under Rule 31(a) or the state courts’ orders so we are unable to judge the adequacy of the petition…