Joseph D. Slappy v. Paul John Morris, Warden

Bad Law
649 F.2d 718
United States Court of Appeals for the Ninth CircuitOctober 19, 198179-2519California3,452 words

Opinion

Opinion

Alarcon, J.

Joseph D. Slappy, a California state prisoner, petitioned for a writ of habeas corpus alleging, inter alia, that in his state trial he was deprived of his sixth amendment right to counsel. The district court denied the petition. Because we find that Slappy was deprived of his sixth amendment right to counsel, we hold that the writ of habeas corpus should issue.

PERTINENT FACTS

Petitioner Slappy was charged by information in state court proceedings with rape, robbery, burglary, oral copulation, and false imprisonment. At Slappy’s arraignment, the San Francisco public defender’s office was appointed to represent him. Deputy Harvey Goldfine of that office represented Slappy at his preliminary hearing, and also conducted the investigation into Slappy’s case.

Slappy’s trial was scheduled to begin on a Thursday. On the Friday preceding trial, Deputy Bruce Hotchkiss, also of the San Francisco public defenders office, met Slappy at his jail cell, and advised him that he, Hotchkiss, would represent Slappy in trial. This change in representation was due to Goldfine’s appendicitis attack. Hotchkiss again visited Slappy on the Tuesday before trial.

On the day of trial, Slappy complained…

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