Joe J. B. O'Neil v. Louis S. Nelson, Warden

O’Neil is a California prisoner, convicted on two counts under the California Penal Code, kidnapping for purposes of robbery (§ 209) and robbery in the first degree (§ 211), and vehicle theft (Cal.Veh.Code § 10851). On April 25, 1968, O’Neil filed an application for a writ of habeas corpus in the United States District Court, which granted the writ. The warden appeals ( 28 U.S.C. § 2253 ).

1. The facts.

The District Judge made his ruling on the basis of the record of the California trial. This is what that record shows. O’Neil was tried with his alleged partner in the crimes, Roosevelt Runnels. The prosecution presented three witnesses, the victim and two policemen. The victim testified that while he was waiting for his wife in a grocery store parking lot the defendants entered his car at gunpoint. They took about eight dollars from his wallet, forced him to drive several blocks from the market and get out of his car, and then drove away.

One of the policemen testified that later the same evening he had responded to a call from a liquor store operator who was suspicious of a white Cadillac circling the block outside his store. When the squad car followed the Cadillac, one of…

(dissenting) :

We may be nearing the day when a co-defendant’s confession in a joint trial will be barred, but I do not believe Bruton v. United States, 391 U.S. 123 , 88 S. Ct. 1620 , 20 L.Ed.2d 476 (1968), or any other case cited by the majority goes that far.

Here, a police officer testified that after the arrest of Runnels, a co-defendant, Runnels confessed that on the day of the crimes O’Neil asked him if he wanted “to make a couple of hits.” According to the officer, Runnels said that the two of them entered the victim’s car and at gunpoint took the victim’s money. They forced the victim to drive several blocks and get out of his car. They then drove away in the victim’s car. In his defense, Runnels took the stand and denied making the confession. He testified that he and O’Neil did not commit the crimes and that they were at O’Neil’s house at the time. O’Neil also took the stand, and he too testified that they were at his house at the time of the crimes. Two other defense witnesses corroborated this testimony.

In Bruton , the Government introduced co-defendant Evans’ confession, but Evans refused to testify. The Supreme Court set aside Bruton’s conviction because Evans’…

422 F.2d 319 Joe J. B. O'NEIL, Plaintiff-Appellee, v. Louis S. NELSON, Warden, Defendant-Appellant. No. 23149. United States Court of Appeals, Ninth Circuit. Jan. 26, 1970, Rehearing Denied April 23, 1970. Derald E. Granberg, Albert W. Harris, Deputy Attys. Gen., Thomas C. Lynch, Atty. Gen., State of Cal., for appellant. Joe J. B. O'Neil, in pro. per. Before BROWNING and DUNIWAY, Circuit Judges, and SOLOMON, 1 district judge. DUNIWAY, Circuit Judge: 1 O'Neil is a California prisoner, convicted on two counts under the California Penal Code, kidnapping for purposes of robbery (209) and robbery in the first degree (211), and vehicle theft (Cal.Veh.Code 10851). On April 25, 1968, O'Neil filed an application for a writ of habeas corpus in the United States District Court, which granted the writ. The warden appeals (28 U.S.C. 2253). 2 1. The facts. 3 The District Judge made his ruling on the basis of the record of the California trial. This is what that record shows. O'Neil was tried with his alleged partner in the crimes, Roosevelt Runnels. The prosecution presented three witnesses, the victim and two policemen. The victim testified that while he was waiting for his wife in a grocery…