Wilbur Eugene Streeter v. Walter Craven, Warden, Etc.

This is an appeal from an order of the district court denying appellant’s petition for a writ of habeas corpus. Appellant, a state prisoner in Folsom, on February 4, 1944, had been sentenced on his guilty plea for the crime of robbery in the first degree and thereafter on May 20, 1944 sentenced to a consecutive sentence for escape.

Twenty-one years later appellant began a series of habeas corpus proceedings in the state courts, all of which were denied. Included was a petition to the Supreme Court of California. That court issued an order to show cause, had the matter briefed and heard oral argument. The petition was denied with a written opinion. In re Streeter, (1967) 66 Cal.2d 47 , 56 Cal.Rptr. 824 , 423 P.2d 976 . Subsequent petitions were filed in the state courts and denied.

Appellant then filed in forma pauperis the petition for writ of habeas corpus which was denied below in the district court. The district court also denied a certificate of probable cause to appeal in forma pauperis. This court also denied a certificate of probable cause.

Thereafter, on appellant’s application, the Supreme Court of the United States vacated this court’s denial of the certificate of…