Wesley Robert Wells v. Louis S. Nelson

On this appeal from an order denying him a writ of habeas corpus, Wells makes several assignments of error, all of which have been considered and found to be without merit. We affirm.

Two of appellant’s contentions warrant discussion: (1) that he was denied counsel at a preliminary hearing in 1944 before a magistrate, and (2) that he was not advised at the trial of his privilege against self-incrimination.

Wells, then a prisoner in a California state prison, was charged with possession of a knife by a prison inmate, a violation of the state penal code. At a preliminary hearing, he was not represented by counsel, was bound over for trial, and an attorney was appointed and represented him at arraignment in the superior court. Three days before trial, appellant requested removal of his counsel, the request was granted and he had other counsel at the start of trial.

Contending that lack of counsel at the preliminary hearing was prejudicial, appellant relies on Coleman v. Alabama, 399 U.S. 1 , 90 S.Ct. 1999 , 26 L. Ed.2d 387 (1970), in which the Court held that an accused is entitled to representation by counsel at a preliminary hearing which constitutes a “critical stage” of the…