Forrest S. Tucker v. Walter E. Craven, Warden, Folsom State Prison

Good Law
421 F.2d 139
United States Court of Appeals for the Ninth CircuitMarch 19, 197023478_1California740 words

Opinion

Opinion

Carter, J.

Appellant appeals from an order of the district court denying his petition for writ of habeas corpus. In his briefs, he challenges two convictions, each involving various counts of robbery, resulting from prosecutions in the California state court in Alameda County, in cases Nos. 25174 and 25175. He makes two contentions, both raised below. The same contentions had been previously raised and decided adversely to him in the state courts. The contentions are:

1. The jury in case No. 25174 was improperly informed of appellant’s constitutionally invalid state convictions in Florida and Louisiana; and

2. The district court erred in failing to consider other constitutional errors, particularly the adequacy of representation by trial counsel. The district court held these matters involved only state law and were not cognizable in a federal habeas corpus proceeding.

After the briefs were filed, petitioner wrote the Court and abandoned his contentions as to the convictions growing out of case No. 25175 with the result that only the convictions under case No. 25174 are before us.

The indictment in case No. 25174 charged various counts of robbery and two prior felony convictions, grand…

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