Johnny L. King v. James Rowland

Caution
92 Daily Journal DAR 14378·977 F.2d 1354·1992 WL 297074·1992 U.S. App. LEXIS 26903·92 Cal. Daily Op. Serv. 8663
United States Court of Appeals for the Ninth CircuitOctober 22, 199291-55818California1,722 words

Opinion

Opinion

Reinhardt, J.

Johnny King, a California state prisoner, appeals pro se the dismissal of his habeas corpus petition challenging his conviction for kidnapping, rape, robbery and assault with intent to commit murder. We affirm.

BACKGROUND

Johnny King was convicted of kidnapping, rape, and assault with intent to commit murder. In a second case, King was convicted of assault upon a police officer. The assault took place while the officer was appearing in court as the investigating officer in a case involving King and a code-fendant.

In the kidnapping case, the state court appointed Gomez, a deputy public defender, to represent King. King, however, soon requested and was granted the right to represent himself. On or about October 30, 1978, the court reappointed Gomez. King then physically attacked Gomez in open court.

In response to the attack on Gomez, the trial court ordered that King be placed in leg irons and chains and that he be in those restraints for every court appearance. On November 15, 1978, the court ordered that King’s ■ shackles be removed, but the restraints were reinstated after the courtroom assault on the police officer the following day. On May 29, 1978, the court held a…

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