Raymond Nelson v. Daniel McCarthy

This appeal arises.from the denial of a petition for a writ of habeas corpus filed by the petitioner, Raymond Leroy Nelson. In March of 1974, petitioner was charged by information in Santa Clara County with counts of first degree murder, commission of a felony while armed, and possession of a sawed-off shotgun, in the shooting death of his wife, Sharon Nelson. In May of 1974, a jury found the petitioner guilty of all counts and he was sentenced to a life term in the state penitentiary. The following year his conviction was affirmed by the California Court of Appeals and a subsequent petition for a hearing denied by the California Supreme Court. With his state remedies exhausted, petitioner brought this petition for a writ of habeas corpus in the federal court contending that admissions made to police officers should have been excluded because appellant’s waiver of his constitutional rights was neither voluntary nor meaningful due to excessive alcohol consumption. Appellant also maintains that statements made in an interview with a police psychiatrist should have been excluded since it took place after he asserted his right to remain silent. The United States District Court for the…