John Lewis Jones v. Harold J. Cardwell, Superintendent, Arizona State Prison

The State of Arizona appeals the district court’s grant of appellee Jones’ habeas corpus petition. The district court granted the petition because it found that, in sentencing appellee, the state court had considered evidence obtained in violation of appellee’s Fifth and Sixth amendment rights. We note jurisdiction under 28 U.S.C. § 2253 (1976), and affirm.

FACTS

An Arizona jury convicted appellee of first degree burglary and rape. After conviction but before sentencing, a state probation officer interviewed defendant on several occasions. During one of these sessions, defendant confessed the commission of numerous other crimes. The probation officer reported the confession to the state court judge. The report included a written confession signed by the defendant. The judge relied on this information in imposing a sentence.

The defendant appealed his conviction and sentence in state court where they were affirmed. State v. Jones, 110 Ariz. 546 , 521 P.2d 978 (1974). He then filed a federal habeas corpus petition which was denied. On appeal from this denial, we remanded to consider the propriety of using the probation officer’s report in determining defendant’s sentence. Jones…