Legal Opinion
Earnest Peterson v. Lawrence E. Wilson, Warden, San Quentin, California
Court of Appeals for the Ninth Circuit
Decided February 27, 1967No. 21193_1PublishedCited by 1 opinion
1Per curiam
Peterson is serving a life sentence imposed by a state court following his plea of guilty to first degree murder. He appeals from the denial of his petition for habeas corpus, without the issuance of an order to show cause or a hearing.
We agree with the district court that appellant’s reliance upon Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964), is misplaced in the light of Johnson v. State of New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882 (1966). We also agree that Wallace v. Heinze, 351 F.2d 39 (9th Cir. 1965), precludes collateral attack on…
2Cases cited9 opinions
- Escobedo v. IllinoisSupreme Court of the United States · 1964
- Johnson v. New JerseySupreme Court of the United States · 1966
- Sanders v. United StatesSupreme Court of the United States · 1963
- Eddie W. Pembrook v. Lawrence E. Wilson, Warden, California State Prison, San Quentin, CaliforniaCourt of Appeals for the Ninth Circuit · 1966
- Lawrence E. Wallace v. Robert A. Heinze, Warden, California State Prison, Represa, CaliforniaCourt of Appeals for the Ninth Circuit · 1965
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3Cited by1 opinion
- William B. Alexander v. Jack FoglianiCourt of Appeals for the Ninth Circuit · 1967