Legal Opinion

Edward G. Corella v. United States

Court of Appeals for the Ninth Circuit

Decided March 30, 1972No. 71-2617Published

1Per curiam

Corella brought this proceeding under 28 U.S.C. § 2255 to set aside his conviction and subsequent probation revocation. The district court, after holding an evidentiary hearing, determined the factual issues against Corella and, accordingly, entered an order denying the claim. Corella appeals.

We hold that the Government sustained its burden of proving that Corella waived his right to counsel, appointed or retained, at the 1955 and 1959 court appearances despite his testimony to the contrary. Likewise, we conclude, the Government met its burden of proving that Corella understood the…

2Cases cited2 opinions

  1. United States v. William BartholdiCourt of Appeals for the Ninth Circuit · 1972
  2. Ambrose Yesterday v. United StatesCourt of Appeals for the Ninth Circuit · 1971

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