In re Rupp

Petitioner, William Francis Rupp, seeks a Writ of Habeas Corpus to test the legality of his detention in the California State Prison at San Quentin, where he is awaiting execution under a sentence of the Superior Court of the County of Orange, of the State of California.

This is petitioner’s second appearance in this court. His first petition for a Writ of Habeas Corpus was denied on the ground that he had failed to exhaust his state remedies. Rupp v. Teets, D.C.N.D.Cal.1953, 117 F.Supp. 376 . That ruling was affirmed in 9 Cir., 214 F.2d 312 , and certiorari was denied by the Supreme Court of the United States, 348 U.S. 865 , 75 S.Ct. 91 , 99 L.Ed. 682 . Petitioner thereafter sought a Writ of Habeas Corpus in the Supreme Court of California which was denied without opinion on November 17, 1954. Oh application in the Supreme Court of the United States for certiorari to the Supreme Court of California, certiorari was denied on March 28, 1955 in 348 U.S. 977 , 75 S.Ct. 540 , 99 L.Ed. 761 .

Petitioner has therefore complied fully with 28 U.S.C. § 2254 . This court entered an order to stay execution of petitioner on June 9, 1955, in order to consider petitioner’s application for a…