In re Cameron

After two trials in which the jury disagreed, a third jury in 1959 found William Cameron guilty of murder in the first degree and fixed the penalty at life imprisonment. Cameron has filed two petitions for a writ of habeas corpus alleging that involuntary confessions were introduced into evidence and that the prosecution deliberately suppressed evidence indicating that he was innocent. The two proceedings have been consolidated.

The Attorney General contends at the outset that habeas corpus is not an available remedy on the ground that Cameron could have raised the contentions now urged on an appeal from the judgment but failed to do so. Although Cameron filed a timely notice of appeal, he failed to prosecute the appeal and on October 28, 1960, the Court of Appeal dismissed it. Cameron points out, however, that at that time there was a *491 substantial risk that had he secured a reversal of the judgment on appeal he would have received the death penalty on retrial, for it was not until November 1963 that this court overruled People v. Grill (1907) 151 Cal. 592 [ 91 P. 515 ], and held that a defendant who successfully appealed from a judgment imposing life imprisonment for first…

I dissent.

There is no question that habeas corpus is a proper remedy to challenge violations of constitutional rights relevant to the determination of guilt if the petitioner presents an adequate excuse for failing to invoke his remedy by appeal. I do not believe that a valid excuse exists under the circumstances before us.

The majority adopt a subjective test: what were petitioner’s innermost fears, apprehensions and motives at the time he abandoned his earlier appeal? He is an intelligent young man, a college student, and was represented by able counsel of his own choice. It cannot be doubted that abandonment of the appeal was a deliberate step taken after mature reflection. To presently undertake a search of the deepest recesses of his mind as of that earlier date in order to fathom motivation impresses me as a chimerical and futile exercise.

In the absence of some objective manifestation of reasonable reliance upon erroneous or outmoded legal authority, abandonment of the appeal should preclude granting relief in these habeas corpus proceedings.

If it be assumed arguendo that some circumstances could justify relief under the majority’s subjective formula, the writ should…