Anderson

Anderson v. Pope

Good Law
356 F. Supp. 321·1973 U.S. Dist. LEXIS 14225
United States District Court, Northern District of CaliforniaMarch 30, 1973No. C-72-2283California971 words

Opinion

lead Opinion

Zirpoli, J.

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

Petitioner Anderson, a state prisoner, filed his first petition in this case on December 15, 1972. In this petition he attacked a 1965 conviction for burglary, arguing that his guilty plea was coerced and made unknowingly, in part because of ineffective assistance of counsel. On January 31, 1973, petitioner filed a “Supplement to Habeas Corpus,” which attacks an entirely different proceeding, a 1959 commitment to the California Department of Mental Hygiene pursuant to California Welfare and Institutions Code §§ 7050, 7052, and 7058. Without realizing that the “Supplement” had been filed, on February 1, 1973, the court issued an order to show cause, and respondent answered the contentions contained in both petitions. The court will consider both claims.

In response to the attack on the 1959 commitment, respondent first argues that petitioner does not allege that he has raised this challenge in the state courts. Therefore, respondent argues, *323 the court must dismiss the attack on this claim pursuant to 28 U.S.C. § 2254 (b). Although petitioner clearly had difficulty understanding and correctly completing the court’s form…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.