Ben Lee Brown v. Walter E. Craven

(Specially Concurring):

I would remand to the district court with directions to require the Superior Court of California, (1) to hold within sixty days) a Jackson v. Denno, 378 U.S. 368 , 84 S.Ct. 1774 , 12 L.Ed.2d 908 (1964), type hearing on the voluntariness of the appellant’s pre-trial admissions and statements; and (2) to hold a hearing on whether appellant’s objection to his legal representation was to the Public Defender’s Office as a whole, or as to the individual attorney assigned by the Public Defender’s Office. If the *1171 California court failed to hold these hearings and make and file its findings within the time limited, a new trial would be granted. Otherwise, the findings on those issues would be filed in the district court and forthwith transmitted to this court for appropriate action.

Brown is a California state prisoner, confined as a result of his conviction of the crime of second degree murder. After exhausting available state court remedies, he filed a petition for writ of habeas corpus in the court below. The District Court called for and received a written response to the petition and thereafter denied the petition without having conducted an evidentiary hearing. Brown appeals.

We have concluded that the judgment must be reversed. Brown’s petition set forth, in fine detail, numerous allegations of infringement of state and federal rights, including rights guaranteed by the federal constitution. In the light of our disposition of the cause, no essential purpose would be served by our review of all of the allegations, or of the record of the state court proceedings, in detail. Briefly summarized, the facts giving rise to the state court prosecution are as follows: Brown, with his fourteen year old son, shared living quarters with a woman who was the victim of the homicide. Brown and the woman apparently lived together as husband and wife. Before returning to their dwelling on the evening of the homicide, Brown and the victim had wandered in the company of…

424 F.2d 1166 Ben Lee BROWN, Appellant, v. Walter E. CRAVEN, Appellee. No. 24323. United States Court of Appeals, Ninth Circuit. April 16, 1970, Rehearing Denied May 13, 1970. Ben L. Brown, in pro. per. Robert J. Polis, Deputy Atty. Gen., Thomas C. Lynch, Atty. Gen., Los Angeles, Cal., for appellee. Before TUTTLE, * ELY, and KILKENNY, Circuit Judges. ELY, Circuit Judge: 1 Brown is a California state prisoner, confined as a result of his conviction of the crime of second degree murder. After exhausting available state court remedies, he filed a petition for writ of habeas corpus in the court below. The District Court called for and received a written response to the petition and thereafter denied the petition without having conducted an evidentiary hearing. Brown appeals. 2 We have concluded that the judgment must be reversed. Brown's petition set forth, in fine detail, numerous allegations of infringement of state and federal rights, including rights guaranteed by the federal constitution. In the light of our disposition of the cause, no essential purpose would be served by our review of all of the allegations, or of the record of the state court proceedings, in detail. Briefly…