Walter Williams v. Walter E. Craven, Warden, California Adult Authority

Williams, a California state prisoner, appeals from an order of the District Court denying his petition for habeas corpus relief. We affirm on the ground that Williams has failed to satisfy his burden of establishing that he has exhausted state remedies in respect to the issues presented to the District Court. See Schiers v. California, 333 F.2d 173 (9th Cir. 1964).

In his petition below, Williams claimed that in the course of parole revocation proceedings he was deprived of his constitutional rights to counsel, to confrontation and cross-examination of hostile witnesses, and to production of witnesses in his own behalf. He also urged that the California Indeterminate Sentence Law was unconstitutionally applied so as to allow the increasing of his maximum sentence after the sentence had already been fixed and refixed. Subsequent to the District Court’s order of denial, it appears that further allegedly unconstitutional refixing of the sentence was effected by the California Adult Authority; consequently, the last link in the chain of events giving rise to Williams’ claims has not yet been presented either to state tribunals or to the District Court. We should not, and will not,…