Edward Glen Williams v. Louis S. Nelson, Warden

Good Law
457 F.2d 376·1972 U.S. App. LEXIS 10581
United States Court of Appeals for the Ninth CircuitMarch 22, 197271-2406California641 words

Opinion

Opinion

Edward Glen Williams was convicted on June 6, 1966, of violating California Penal Code Section 187 (first degree murder). The conviction was affirmed by the California Court of Appeal. The California Supreme Court vacated the judgment in light of Bruton v. United States, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1967). The Court of Appeal, on rehearing the matter, determined that any violation of Bruton and Roberts v. Russell, 392 U.S. 293 , 88 S.Ct. 1921 , 20 L.Ed.2d 1100 (1968) was harmless error within Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967), and affirmed the conviction. The California Supreme Court denied further hearing.

Williams then applied to the United States District Court for a writ of ha-beas corpus; such relief was denied following a hearing. Petitioner has appealed.

Petitioner attacks the use of a tape recording at his state trial. The recording was of a conversation between petitioner and Young, his co-defendant. It was secured without the knowledge of either, by means of a microphone concealed in an interrogation room of the police station where the two were placed alone shortly after Young confessed to the…

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