Chessman

Chessman v. Teets

Good Law
138 F. Supp. 761·1956 U.S. Dist. LEXIS 3824
United States District Court, Northern District of CaliforniaJanuary 31, 1956No. 34375California3,486 words

Opinion

lead Opinion

Goodman, J.

The petition for a writ of habeas corpus herein was denied by this Court on January 4, 1955 upon the ground that, as a matter of law, it did not tender a federal question. Application of Chessman, 128 F.Supp. 600 . The Court of Appeal of this Circuit, en banc, affirmed, 221 F.2d 276 . On October 17, 1955, the Supreme Court granted certiorari, reversed the judgment of the Court of Appeal and remanded the cause here for a hearing. 350 U.S. 3 , 76 S.Ct. 34 . On November 30, 1955, pursuant to the mandate of the Supreme Court, and, upon application of counsel for petitioner, we issued a writ of habeas corpus requiring respondent to produce petitioner for hearing on December 8, 1955. On said last mentioned date petitioner, being produced in Court, the Court set the hearing ordered by the Supreme Court for January 9, 1956. Thereafter, upon request of petitioner, the Court continued the date of the hearing to January 10, 1956; thereafter, at the request of petitioner for a further continuance, the Court set the hearing for *762 January 16, 1956. The hearing commenced on January 16, 1956 and continued through January 17, 18, 19, 20, 23 and January 24, 1956; on January 25, 1956, without…

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