Danny Kates v. Louis Nelson, Warden

Appellant, Danny Kates, appeals from an order of the United States District Court denying his petition for a writ of habeas corpus. This Court has jurisdiction under 28 U.S.C. § 2253 .

Appellant was charged with grand theft. He appeared with retained counsel during his preliminary hearing. Probable cause was established and the case was set for trial in state court. The attorney who had represented Appellant at the preliminary examination was permitted to withdraw from the case and another attorney was appointed.

On the first day of the trial, after several witnesses had been cross-examined, Appellant expressed dissatisfaction with the way in which he was being represented. The next day in the trial judge’s chambers an exchange took place with regard to Appellant’s representation:

Partial Transcript of Proceedings (Superior Court, Contra Costa County, California), January 29, 1964, pp. 35-41, 43-45, 47 [Exhibit D in the proceedings below].

During the remainder of' the trial witnesses were called by the prosecution and by Appellant, representing himself in propria persona. Appellant was found guilty of grand theft as charged and subsequently sentenced; no appeal was taken from…