Legal Opinion

Sailer v. Gunn

District Court, C.D. California

Decided December 16, 1974No. Civ. No. 71-1332-FPublishedCited by 2 opinions

1Opinion of the Court

OPINION

FERGUSON, District Judge.

Kenneth Sailer has petitioned this court for a writ of habeas corpus, based on numerous alleged violations of constitutional rights. Three of the claims raised by petitioner warrant granting the relief; it is therefore not necessary to reach the other contentions.

Facts

1. Sailer was charged on August 24, 1965, with assault with a deadly weapon with intent to commit murder. The charge was based on an alleged shooting of his wife. On October 4, 1965, he pleaded guilty to the lesser included offense of assault with a deadly weapon. The prosecutor took the plea in…

2Cases cited13 opinions

Boykin v. AlabamaSupreme Court of the United States · 1969
Morrissey v. BrewerSupreme Court of the United States · 1972
Gagnon v. ScarpelliSupreme Court of the United States · 1973
Pate v. RobinsonSupreme Court of the United States · 1966
Bernie Moore v. United StatesCourt of Appeals for the Ninth Circuit · 1972

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3Cited by2 opinions

Kenneth Sailer v. J. B. GunnCourt of Appeals for the Ninth Circuit · 1977
United States Ex Rel. Schmidt v. LaValleeDistrict Court, S.D. New York · 1977