Judd

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

Petitioner, in Folsom Prison, was charged in Los Angeles County Superior Court with violation of Penal Code, § 187 (Murder). He originally pleaded not guilty, and was subsequently examined by 3 psychiatrists. On the day set for trial, he withdrew his plea and entered a plea of guilty to murder in the second degree. No appeal was taken, but he filed petitions for Writ of Habeas Corpus in the Superior Court, Court of Appeal, and California Supreme Court, all of which were denied. He states that his allegations were the same as those presented here, namely, ineffective counsel.

In support of his claim, Petitioner cites many factors which he contends prove ineffectiveness:

1. Counsel did not visit him before the preliminary hearing.

2. Counsel made no motions under Penal Code, §§ 995,1538.5.

*392 3. Counsel did not follow the Doctors’ recommendations for further testing.

4. Counsel did not discuss with him the Doctors’ reports, nor let him read them.

5. Counsel did not discuss any possible defense or any advice about the possibility of a diminished capacity defense.

6. Counsel indicated that there was no possibility of a…