Richard Emmett Smiley v. State of California, Louis S. Nelson, Warden

Appellant, a California state prisoner, appeals from an order of the United States District Court for the Northern District of California, filed September 4, 1969, denying his application for writ of habeas corpus and dismissing the proceedings.

Following a plea of “Not Guilty,” and a non-jury trial, appellant was convicted of the crime of child molesting (California Penal Code, Sec. 288.) No appeal was taken.

On October 10, 1963, he was sentenced to imprisonment for from one year to life, which term was ordered to run concurrently with “time owed”.

Following an examination of appellant’s petition for habeas corpus, the district judge, by order filed February 18, 1969, rejected all of appellant’s contentions except the following:

Appellee was then directed to file a return to appellant’s petition, and appellant was granted the opportunity to file a traverse to such return. The return and traverse were lodged with the district court, including a transcript of the preliminary hearing of appellant, and a transcript of appellant’s trial.

Relying on the record before it, the district court rejected appellant’s three contentions above mentioned, finding:

1. That the confession was…