Nathaniel Watkins v. Louis S. Nelson, Warden

Good Law
430 F.2d 1311·1970 U.S. App. LEXIS 7554
United States Court of Appeals for the Ninth CircuitAugust 27, 197024693California382 words

Opinion

Opinion

Appellant, a state prisoner convicted of arson, appearing on his own behalf and in forma pauperis, appeals from a denial of his petition for habeas corpus in the District Court.

Petitioner claimed he was inadequately represented by counsel in that his attorney did not subpoena witnesses which “would be of assistance in furnishing an alibi.” This allegation was held “indefinite, conclusionary and insufficient as a statement of facts upon which this (District) Court could grant relief.”

Petitioner sought a rehearing or a certificate of probable cause below. He stated “the witnesses” he sought were mainly “the parole officer who was responsible for the arrest of petitioner.” The parole officer arrested the prisoner for violation of probation upon the complaint of one Savannah Hamilton that, contrary to his parole restrictions, appellant had threatened Hamilton over the phone, had admitted to her he had set the fire “as an indication he was serious and she would be next.” (See facts in State Court Opinion — People v. Watkins, 262 Cal.App.2d 687 , 68 Cal.Rptr. 871 ).

Appellant urges that because Savannah Hamilton did not see petitioner at the scene, while her daughter, Patricia…

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