Kenneth Sailer v. J. B. Gunn

Submission was deferred in this case pending our decision in de Kaplany v. Enomoto, 540 F.2d 975 (9th Cir. 1976) (en banc). The district court granted Kenneth Sailer’s petition for a writ of habeas corpus on the grounds that the state court improperly failed: (1) to hold a competency hearing; (2) to hold a hearing on the voluntariness of a guilty plea or allow it to be withdrawn; and (3) to revoke Sailer’s probation in a manner consistent with due process. Relying largely on authority handed down since the judgment of the district court was rendered, we find that none of these three grounds warrants the granting of relief, and, accordingly we reverse.

FACTS

The facts are set out in full by the district court at 387 F.Supp. 1367 (C.D.Cal.1974). Sailer was charged on August 24, 1965, by the State of California with assault with a deadly weapon with intent to murder his estranged wife. On October 4,1965, he pleaded guilty to assault with a deadly weapon. Sentencing was set for October 29, 1965, but it was continued at defense counsel’s request to have an evaluation of Sailer at a state diagnostic facility under Cal.Penal Code § 1203.03 (West Supp.1976). The court convened on March…