Calvin Thomas v. Walter E. Craven, Warden

Appellant appeals from an order of the district court denying a petition for writ of habeas corpus filed by appellant, a California state prisoner.

Following trial to a jury, which commenced on April 26, 1965, appellant, represented by court-appointed • counsel on trial and on appeal, was convicted on both counts of a two count information. One count charged appellant with the crime of murder in violation of Section 187 of the California Penal Code, and in Count II with the crime of arson in violation of Section 447a of the California Penal Code. The same jury returned a verdict fixing the penalty of death on the murder count, and such sentence was imposed.

On the 29th day of June, 1967, the Governor of the State of California issued a commutation of sentence reducing the penalty imposed on appellant to life imprisonment without possibility of parole.

The trial court denied a motion for new trial. On automatic appeal to the Supreme Court of California, appellant’s conviction was affirmed. People v. Thomas, 65 Cal.2d 698 , 56 Cal.Rptr. 305 , 423 P.2d 233 (1967). Petition for rehearing was denied.

Appellant’s petition for a writ of certiorari to the United States Supreme Court…