Darrell Patterson v. Dan McCarthy

This is an appeal by the Superintendent of the California Men’s Colony from the district court’s grant of a writ of habeas corpus discharging petitioner from custody and setting aside his conviction. We affirm.

Petitioner was charged with murder and robbery and was tried in California Superi- or Court before a jury. Willie Daniels, the prosecution’s only eye witness, testified under a grant of immunity and related many of the crucial events surrounding the murder offense of which petitioner was convicted.

Witness Daniels was questioned by defense counsel regarding the grant of immunity from any charges stemming from his presence at the scene of the crime. Daniels admitted testifying under the grant of immunity.

Outside the presence of the jury, defense counsel requested a ruling from the trial court as to whether questioning would be allowed on the subject of Daniels’ parole status. Such questioning would be to establish motives for Daniels’ testimony. The trial judge felt that the evidence would be highly prejudicial and that he would sustain any objection if Daniels was asked about his parole status.

At the time, Daniels was on release on outpatient status, under the…