In re Morse

Petitioner seeks a writ of habeas corpus on the ground that he is unlawfully imprisoned under a judgment of conviction of two counts of first degree murder. In 1962, a jury convicted petitioner of the first degree murder of his mother and sister and fixed the punishment on each count at death. 1 On his automatic appeal (Pen. Code, § 1239, subd. (b)) we reversed the judgment insofar as it related to the penalty and affirmed it in all other respects. (People v. Morse (1964) 60 Cal.2d 631 [ 36 Cal.Rptr. 201 , 388 P.2d 33 , 12 A.L.R.3d 810 ].) Retrial of the penalty issue resulted in verdicts of life imprisonment. Sentence upon those verdicts was imposed on August 21, 1964, and the judgment became final without appeal.

*704 In the instant proceeding 2 petitioner seeks collateral relief from the judgment insofar as it convicts him of two counts of first degree murder. (See fn. 1, ante.) He contends that each of two extrajudicial confessions introduced against him during the trial on the issue of guilt was obtained in violation of his constitutional right to counsel and that the judgment must, therefore, be vacated.

We first observe that these contentions may now be raised for the…