In re La Vern Speer

Petitioner has heretofore filed with this Court a petition for a writ of habeas corpus challenging his custody by the Warden of the California State Prison at Folsom. There appearing to be sufficient cause, this Court issued an order to show cause on January 11,1957, ordering the respondent, Robert A. Heinze, Warden of the California State Prison at Folsom, to show cause why a writ of habeas corpus should not be issued. On January 18, 1957, respondent filed a return to the order to show cause and a motion to dismiss. On January 31, 1957, petitioner filed a traverse to the respondent’s return and motion to dismiss. No further pleadings were filed by respondent, who elected to rest upon the record thus made. The Court, after full, complete and careful consideration of the records of this case, the written arguments, and the cited authorities, is now prepared to, and will, render its decision.

The Court does not feel that it is necessary at this time to reach the issues sought to be raised by petitioner for the reason that the facts surrounding petitioner’s custody, which were omitted by petitioner in his petition, but which were subsequently disclosed by the records in this case,…