James Julian Journigan v. John F. Duffy, Sheriff

Journigan petitioned the district court for habeas corpus, challenging the constitutionality of the statute which was the basis of his state court conviction. The district judge did not reach the merits, holding that Journigan’s guilty plea in the state court precluded federal habeas corpus relief. We reverse and remand for consideration of the merits of the petition.

I. Background

A criminal complaint was filed against Journigan, charging violations of five different sections of the California Business and Professions Code. He pleaded not guilty and sought habeas corpus or other extraordinary relief in the state courts on the grounds that the statutes did not apply to him and, alternatively, that they were unconstitutional. His petition for extraordinary relief was denied and, pursuant to a plea bargain, Journigan pleaded guilty to one count. The remaining counts were dismissed.

Subsequently, Journigan unsuccessfully petitioned for habeas corpus in the California Court of Appeal and the California Supreme Court. He then filed a petition for federal habeas corpus in the district court pursuant to 28 U.S.C. § 2254 . Before the district judge ruled on this petition, Journigan…