Charles Earl Brubaker v. Fred R. Dickson, Warden of the California State Prison at San Quentin, California

BROWNING, Circuit Judge.

Appellant was convicted in the Superior Court of Los Angeles County of murder in the first degree. He was sentenced to death. After exhausting state remedies, 1 appellant filed a petition for habeas corpus in the District Court. That court denied the petition after oral argument. Appellant then filed an identical petition in this Court. We declined to entertain it, transferring the application back to the District Court for “hearing and determination.” 2 The District Court again dismissed the petition on oral argument, rejecting affidavits offered by both sides and…