Kenneth Moran v. Paul J. Morris, Warden

The State of California appeals from an adverse judgment in a habeas corpus proceeding. Kenneth Moran, the petitioner, had been convicted of serious crimes in the Superior Court of California in and for the County of Los Angeles. Petitioner was convicted on two counts for kidnapping with the purpose of robbery, two counts for robbery in the first degree, three counts for burglary in the first degree, and for conspiracy to commit those offenses. The convictions were affirmed by the California Court of Appeal, which filed a comprehensive but unpublished opinion.

The petitioner’s principal argument in applying for a writ of habeas corpus is that his sixth amendment right was violated because his state trial counsel was incompetent. Petitioner’s claim essentially rests on his counsel’s failure to object to some of the evidence used to corroborate the testimony of an accomplice who testified for the prosecution.

Moran’s habeas corpus petition was referred by the district court to a magistrate for an evidentiary hearing pursuant to the Federal Magistrate’s Act, 28 U.S.C. § 636 (b)(1)(B) (1976). The magistrate held an extensive evidentiary hearing and on July 25,1979, filed a detailed…