Bruce Wyatt Cassasa, and v. Louis S. Nelson, Warden, San Quentin State Prison

The order denying the petition for a writ of habeas corpus is affirmed.

If there be any error in the state court proceedings, and we do not mean to imply that we find any, it would not rise to constitutional proportions.

We append hereto, post, as an appendix, the district court’s order of September 3, 1970.

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

Petitioner, although a layman limited to prison facilities, forcefully and skillfully argues in his petition for writ of habeas corpus that the pretrial identification procedures in his case violated due process, and that the introduction at trial of uncharged offenses in order to show a “common scheme” also violated due process.

Respondent argues that petitioner has not exhausted his state remedies, and that even if he had exhausted such remedies, the claims do not support constitutional violations. With regard to exhaustion, the unpublished opinion of the California Court of Appeals which is part of the file herein shows that petitioner did challenge the admission of evidence of similar offenses, and the court rejected such claim.

The file also reflects that petitioner did not raise before the state court his claim that…