James Julian Journigan v. John F. Duffy, Sheriff

WALLACE, Circuit Judge:

Journigan petitioned the district court for habeas corpus, challenging the constitutionality of the statute which was the basis of his state court conviction. The district judge did not reach the merits, holding that Journigan’s guilty plea in the state court precluded federal habeas corpus relief. We reverse and remand for consideration of the merits of the petition.

I. Background

A criminal complaint was filed against Journigan, charging violations of five different sections of the California Business and Professions Code. He pleaded not guilty and sought habeas corpus…