Daniel William Alesi v. Walter E. Craven, Warden

This is an appeal from an order vacating Alesi’s state court conviction for selling heroin and possessing marihua na. His conviction had been affirmed by the California Supreme Court prior to his seeking federal relief in his habeas petition. (People v. Alesi (1968) 67 Cal.2d 856 , 64 Cal.Rptr. 104 , 434 P.2d 360 .) The foundation of the district court’s order was its finding that inculpatory statements made by Alesi to a probation officer were involuntary and its conclusion that the admission of those statements to impeach Alesi during the state court trial was not harmless beyond a reasonable doubt.

The statements in question arose in the context of an abortive plea bargain. In 1962, Alesi was charged with the offenses for which he was later convicted and with a prior felony. After trial had commenced, the state trial judge called the prosecutor and defense counsel into chambers and urged Alesi’s commitment to the California Narcotics Rehabilitation Center, assuming that the prosecutor would be willing to dismiss the prior and that the Center’s Director would accept Alesi for treatment. The district attorney then agreed to dismiss the prior and defense counsel agreed that Alesi…