Ralph Burt Phillips v. The Attorney General of the State of California, George Lee Mayer v. The Attorney General of the State of California

George Lee Mayer and Ralph Burt Phillips appeal the denial of their petitions for writs of habeas corpus by the United States District Court for the Eastern District of California. Following pleas of nolo contendere, appellants were convicted of possession of marijuana with intent to sell by the Superior Court of Kings County. In bringing the instant appeals, appellants argue that the district court erred in holding: (1) that a plea of nolo contendere in a state court bars collateral attack on the plea in federal court; and (2) that a full and fair opportunity in state court to litigate a Fifth Amendment claim of Miranda violations bars habeas corpus review of a Fourth Amendment challenge to a search allegedly based on an extrajudicial statement made in violation of Miranda and appellants’ Fifth Amendment right to remain silent.

On May 25, 1974, after landing at the Hanford Airport, which was already closed for the night, appellant George Mayer telephoned the airport’s gas concession operator, Mrs. Baldrick, at her mother’s home to ask whether she would open the pumps and sell him gas for his airplane. Finding the call from an unidentified caller highly unusual, Mrs. Baldrick…