Johnnie T. Griffith v. Warden, Nevada State Prison

Appellant, in propria persona, appeals from a denial of his petition for a writ of habeas corpus. He asserted below, first: that he was coerced into his plea of guilty because he was at the time of his plea under the influence of drugs; and second: that the state trial judge did not sufficiently test him by asking questions as to his guilt and his desire to plead guilty, at the time of his changé of plea.

His plea of guilty was a compromise plea to a charge of second degree murder (without premeditation) made with the advice of his attorney, after his original plea of not guilty to the charge of first degree murder (with premeditation) was withdrawn. This was in 1962, and no appeal was taken from his sentence.

After exhausting his state remedies, appellant filed, in 1969, a petition for a writ of habeas corpus. An Order to Show Cause was issued, and an answer and return were filed. The matter was heard by the District Court on October 2, 1969, continued for the appointment of an attorney and further hearing on December 22, 1969, whereupon the petition was denied.

The District Court Judge found the appellant’s plea of guilty had bee^ knowingly and intelligently made by him…