Rupp

The petitioner in presenting his petition to this, the United States District Court, for a writ of habeas corpus, .contends, among other things,. that he was denied the effective assistance of counsel in that his counsel failed to prosecute his application to the Supreme Court of the United States for a writ of certiorari, after affirmance of the judgment of conviction and' the death penalty by the Supreme Court of California. Petitioner' also claims that a purported confession was obtained as the result of fear, intimidation and lack of mental capacity on the part of petitioner to make a valid confession.

What I said in the Application of Phyle, D.C., 95 F.Supp. 555 at page 557, is again applicable:

The petition, apparently prepared by the petitioner himself, with certain lay assistance, demanded the immediate attention of this Court in the exercise- of jurisdiction. Lynch v. Johnston, 9 Cir., 160 F.2d 950 . 1 This Court appointed counsel to represent petitioner. In addition, two other lawyers appeared at the request of the petitioner’s father and friends of the family.

After hearing brief arguments on the part of the State as well as on behalf of the petitioner on the eye of…