Legal Opinion

John Wellington Johnson v. Walter E. Craven, Warden

Court of Appeals for the Ninth Circuit

Decided September 2, 1970No. 22760_1PublishedCited by 6 opinions

1Opinion of the Court

CHAMBERS, Circuit Judge:

Petitioner, a state prisoner, was convicted in 1963 of two counts of unlawful sale of heroin. The California Supreme Court vacated the judgment and sentence as to count two on the ground that petitioner’s conduct constituted a single offense. In re Johnson, 65 Cal.2d 393, 54 Cal.Rptr. 873, 420 P.2d 393 (1966). In 1967 he filed the petition for a writ of habeas corpus (which we now have) in the Eastern District of California. The district court held a lengthy evidentiary hearing and then denied petitioner’s application for relief.

The record of the state court…

2Cases cited4 opinions

  1. Fay v. NoiaSupreme Court of the United States · 1963
  2. Charles Earl Brubaker v. Fred R. Dickson, Warden of the California State Prison at San Quentin, CaliforniaCourt of Appeals for the Ninth Circuit · 1962
  3. In re ShippCalifornia Supreme Court · 1965
  4. In Re JohnsonCalifornia Supreme Court · 1966

3Cited by6 opinions

  1. Geza De Kaplany v. J. J. Enomoto, Director of California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 1976
  2. United States v. Martin SternCourt of Appeals for the Ninth Circuit · 1975
  3. Albert Mengarelli v. United States Marshal in and for the District of NevadaCourt of Appeals for the Ninth Circuit · 1973
  4. Rawlins v. CravenDistrict Court, C.D. California · 1971
  5. Francis v. CaliforniaDistrict Court, C.D. California · 1971

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