Richardson v. Nelson

444 F.2d 519 Harold L. RICHARDSON, Appellant, v. Louis S. NELSON, Warden, California State Prison, San Quentin, California; Lester J. Pope, Superintendent, California Correctional Facility, Vacaville, California, Appellees. No. 25077. United States Court of Appeals, Ninth Circuit. June 8, 1971. Patrick Lynch (argued), of O'Melveny & Myers, Los Angeles, Cal., for appellant. Russell Iungerich, Deputy Atty. Gen. (argued), Evelle J. Younger, Cal. Atty. Gen., Mark L. Christensen, Deputy Atty. Gen., Los Angeles, Cal., for appellees. Before BARNES, HAMLEY and HRFSTEDLER, Circuit Judges. HAMLEY, Circuit Judge: 1 Harold L. Richardson, in California penal custody under a 1954 conviction for armed robbery and murder, petitioned the district court for a writ of habeas corpus. 1 Following an evidentiary hearing at which Richardson was represented by appointed counsel, the district court denied the application. This appeal followed. 2 In the district court, Richardson contended that, at his state trial, he was denied his constitutional right, announced in Jackson v. Denno, 378 U.S. 368 , 84 S.Ct. 1774 , 12 L.Ed.2d 908 (1964), to have the determination of the voluntariness of his…