Fernando M. Flores v. Walter E. Craven

Flores appeals from the District Court’s denial of his petition for a writ of habeas corpus. We reverse.

In 1966, Flores was convicted of possession of heroin. He appealed his conviction, and it was affirmed by the California Supreme Court. People v. Flores, 68 Cal.2d 563 , 440 P.2d 233 , 68 Cal.Rptr. 161 (1968), cert. denied, 393 U.S. 1057 , 89 S.Ct. 697 , 21 L.Ed.2d 698 (1969). Three subsequent petitions to the California Supreme Court for habeas corpus were denied without written opinion.

Flores then filed his petition for habeas relief in the District Court, advancing numerous grounds for relief. The District Court, denying Flores’ petition without an evidentiary hearing, wrote:

Flores then instituted this appeal. While numerous arguments are advanced by both parties, we need now consider only one. That is, whether the District Court, undertook the required independent review of the record made in the state courts. As to those issues that were decided by the California Supreme Court, we cannot say that it did. There is no indication in the Order previously quoted that the record was scrutinized to determine the validity of all of Flores’ claims. Rather, it appears that the…