Arthur Chavez Zavala v. Walter E. Craven

Zavala appeals from an order denying him leave to file in forma pauperis a habeas petition challenging his state court conviction for violating sections 11500.5 and 11530 of the California Health and Safety Code (possession of heroin for sale and possession of marihuana).

The district court denied Zavala leave to file on the ground that an order denying a prior federal habeas petition barred his present application under the res judicata doctrine. The prior petition raised similar issues to those presented in the application here rejected, namely, a claim that his conviction was the result of the introduction of evidence seized in violation of his Fourth and Fourteenth Amendment rights and that the failure of his trial counsel to object to the introduction of such evidence and the failure of appellate counsel to raise the issue on direct appeal deprived him of the effective assistance of counsel. The earlier order denied relief, without reaching the merits and without an evidentiary hearing, because Zavala named the People of the State of California as respondent instead of naming the warden, and because Zavala’s failure to raise the issues on direct appeal from his conviction…