Wilson v. Weigel

MERRILL, Circuit Judge:

Petitioner, as Warden of the California State Prison at San Quentin, seeks a writ of mandamus to compel respondent district judge to vacate a notice of the taking of a deposition in connection with habeas corpus proceedings now pending before respondent. In those proceedings habeas corpus is sought by Daniel Allen Roberts who is, in interest, the real respondent in the present proceedings. He attacks the legality of his detention in state prison upon the ground that in the state trial resulting in his conviction “testimony known to be false was used by the prosecution,”…