Calvin Coolidge Anderson v. Louis S. Nelson, Warden, California State Prison, San Quentin, California

Good Law
432 F.2d 55
United States Court of Appeals for the Ninth CircuitNovember 3, 197024169California604 words

Opinion

Opinion

Trask, J.

This is an appeal from the district court’s denial of a petition for a writ of the California State Prison at San habeas corpus. Petitioner, a prisoner in Quentin, was convicted of second-degree murder following jury trial in the Los Angeles County Superior Court in 1966 and was sentenced to five years to life imprisonment. His conviction was affirmed by the California District Court of Appeal. An application for a hearing in the California Supreme Court was denied, as was a petition for certiorari to the United States Supreme Court. Anderson v. California, 389 U.S. 916 , 88 S.Ct. 251 , 19 L.Ed.2d 269 (1967).

In his petition for a writ of habeas corpus, filed in forma pauperis, petitioner alleged, among other things, that he was denied due process by the introduction at trial of a recorded, oral confession which was elicited from him following his arrest at a time when he did not knowingly and intelligently waive his Fifth Amendment privilege against self-incrimination because he was intoxicated and the interrogating officers were aware of his intoxication. Petitioner further alleged that he was denied effective assistance of counsel both at trial and on appeal. The district…

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