Francis

Francis v. California

Good Law
326 F. Supp. 83·1971 U.S. Dist. LEXIS 13523
United States District Court, Central District of CaliforniaApril 29, 1971Civ. No. 70-1429-AAHCalifornia2,218 words

Opinion

lead Opinion

Hauk, J.

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

Petitioner is in custody at California Men’s Colony, San Luis Obispo, following his conviction for violating Penal Code § 273a(l) (conduct likely to produce great bodily harm or death to a child). After a non-jury trial, he was sentenced *84 October 17, 1968, to state prison for the term prescribed by law, one to ten years.

The conviction was affirmed by the Court of Appeal, Second Appellate District, April 24, 1970, petition for rehearing was denied by the same Court, and petition for hearing was denied by the California Supreme Court June 17, 1970. He did not seek any other post-conviction relief in the State, claiming that all grounds had been presented on appeal. An earlier petition to this Court, #70-1173-AAH, was denied because his appeal was then pending in the State Supreme Court. His State remedies have now been exhausted.

In this Petition, Petitioner contends that his constitutional rights were violated in that:

1. He was denied his right to a speedy trial.

2. He was illegally arrested without a warrant and without probable cause.

3. Statements made after his illegal arest were erroneously admitted into evidence.

4.…

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