Raymond R. James v. Robert M. Reese, Warden

Raymond James appeals from the dismissal of his petition for a writ of habeas corpus by the district court, alleging that the district court erred in denying his petition without an evidentiary hearing or a review of the complete state record, and that it abused its discretion in refusing to appoint counsel to assist him. This court has jurisdiction under 28 U.S.C. § 2253 , a certificate of probable cause having been issued by the district court pursuant to a timely notice of appeal.

Petitioner was convicted of voluntary manslaughter in the Superior Court, State of California. The conviction and sentence were affirmed by the California Court of Appeal in an unpublished opinion. Petitioner then sought relief in the California Supreme Court, but his petition for a hearing was denied.

After an improper attempt to seek habeas corpus relief from this court, petitioner filed a pro se petition for a writ of habeas corpus in the district court where he made the following contentions: (1) that he was denied the right to a speedy trial; (2) that he was held without bail prior to his conviction in violation of his rights to due process of law; (3) that he was held to answer on an…