Jerry W. Garrison v. D. J. McCarthy Superintendent

Garrison, a state prisoner, appeals from the district court’s dismissal of his petition for a writ of habeas corpus. He was convicted in the state court on two counts of robbery, Cal. Penal Code § 211 ; one count of assault with a deadly weapon, Cal. Penal Code § 245 (a); and one count of possession of a concealable firearm by a felon, Cal. Penal Code § 12021 . In his habeas corpus petition, Garrison raises four constitutional challenges to his state conviction. We affirm the district court’s dismissal of two of the issues due to Garrison’s failure to exhaust his state remedies. We also affirm the district court’s dismissal of the other two issues.

I

On August 4, 1976, at 7:00 p. m., an armed white male robbed the bartender and one customer at a bar in San Francisco. During the course of the robbery, the robber fired a gun towards the floor. The entire robbery took approximately three or four minutes.

Garrison was arrested the same evening between 7:15 and 7:30. The San Francisco police had pursued Garrison’s car after receiving a description of the car and its license number from one of the patrons in the bar. Garrison jumped out of his car and ran into an alley, where he was…