Paul K. Imbler v. State of California

The district court ordered petitionerappellee’s application for habeas corpus granted unless the State instituted proceedings to retry petitioner within sixty days. Imbler v. Craven, 298 F.Supp. 795, 812 (C.D.Calif.1969). Respondent-appellant contends that the district court failed to give the factual findings of the state court (see In re Imbler, 60 Cal.2d 554 , 35 Cal.Rptr. 293 , 387 P.2d 6 (1963)), the weight to which they are entitled under 28 U.S.C. § 2254 (d), as amended November 2, 1966, Pub.L. 89-711, § 2 , 80 Stat. 1105 .

The identical contention was advanced on petition for rehearing in the district court. It was rejected by the district court with this comment: “[Tjhere is no major dispute as to the basic facts involved in this case. The events that transpired at petitioner’s trial are clear; the only controversy that exists is as to so-called mixed questions of law and fact, and the conclusions of law as to federal questions. While this court gives the state findings of ‘pure’ facts great weight where appropriate, it is not required to adopt them. Townsend v. Sain, 372 U.S. 293 , 83 S.Ct. 745 , 9 L.Ed.2d 770 (1963). As to most of such facts (that is, as to what…