John M. Ginter v. Lawrence E. Wilson, Warden, California State Prison, San Quentin, California

Appellant appeals from the denial, after evidentiary hearing, of relief under a petition for habeas corpus pursuant to 28 U.S.C. § 2241 . The substance of appellant’s contentions is that his guilty plea on advice of counsel was involuntary, and, as such, a denial of due process.

At the evidentiary hearing the District Court took testimony from the appellant, his mother, and the public defender who handled the case in 1957. A deposition by the District Attorney handling the case was considered and the State Judge gave a certificate pursuant to 28 U.S.C. § 2245 . Counsel was appointed for the appellant for the hearing.

The trial court on conflicting testimony found that the plea of guilty was voluntary and denied appellant relief. Only where the findings were clearly erroneous may appellant obtain reversal. Rule 52(a) F.R.Civ.P.; United States ex rel. Crump v. Sain, 7 Cir. (1961) 295 F.2d 699 , cert. den. 369 U.S. 830 , 82 S.Ct. 845 , 7 L.Ed.2d 794 . The findings were not clearly erroneous.

On appeal another attorney was appointed to represent appellant. Appellant, however, filed an opening brief and thereafter appointed counsel filed an opening brief. Appointed counsel was…