Lester Yellowwolf, Jr. v. Charles Morris, Secretary, Department of Social and Health Services, Frank A. Miesbauer v. Charles Morris, Secretary, Department of Social and Health Services

536 F.2d 813 Lester YELLOWWOLF, Jr., Petitioner-Appellant, v. Charles MORRIS, Secretary, Department of Social and Health Services, Respondent-Appellee. Frank A. MIESBAUER, Petitioner-Appellant, v. Charles MORRIS, Secretary, Department of Social and Health Services, Respondent-Appellee. Nos. 75-1300, 75-1546. United States Court of Appeals, Ninth Circuit. April 12, 1976. As Amended on Rehearing June 16, 1976. Richard D. Emery (argued), Prison, Legal Services Project, Seattle, Wash., for petitioners-appellants. William C. Collins, Asst. Atty. Gen. (argued), Olympia, Wash., for respondent-appellee. OPINION Before CHOY and GOODWIN, Circuit Judges, and REAL, * District Judge. CHOY, Circuit Judge: 1 Yellowwolf and Miesbauer each applied for a writ of habeas corpus on the ground that this court's ruling in United States ex rel. Pebworth v. Conte, 489 F.2d 266 (9th Cir. 1974), should be applied retroactively. The district court dismissed the petitions. We affirm. 2 Yellowwolf was charged with grand larceny in Yakima County, Washington and appeared for arraignment on June 19, 1969. He was informed that he had a right to counsel before he entered a plea to the charge and a right to…