Richard L. Carmical v. Walter E. Craven, Warden, California State Prison at Folsom

457 F.2d 582 Richard L. CARMICAL, Petitioner-Appellant, v. Walter E. CRAVEN, Warden, California State Prison at Folsom, Respondent-Appellee. No. 26236. United States Court of Appeals, Ninth Circuit. Nov. 4, 1971. Rehearing Denied May 10, 1972. William Bennett Turner (argued), Oscar Williams, San Francisco, Cal., Judith Ann Ciraolo, Oakland, Cal., Jack Greenberg, Charles Stephen Ralston, New York City, for petitioner-appellant. Gloria F. DeHart, Deputy Atty. Gen., (argued), Evelle J. Younger, Cal. Atty. Gen., Derald E. Granberg, Deputy Atty. Gen., San Francisco, Cal., for respondent-appellee. Before BARNES, HAMLEY and HUFSTEDLER, Circuit Judges. HUFSTEDLER, Circuit Judge: 1 Appellant Carmical appeals from an order denying his petition for a writ of habeas corpus. His petition charged that his state court conviction was invalid because he was tried by a jury drawn from a jury panel unconstitutionally selected. 2 Before we discuss the merits of the petition, we dispose of appellee's contention that Carmical had waived his jury discrimination claim by his failure to raise the question at the time he was tried in the state court in November 1966. The state court record contains no…