Legal Opinion
Joseph William Wade, and v. State of California, and (Two Cases)
Court of Appeals for the Ninth Circuit
Decided November 22, 1971No. 25061, 25073PublishedCited by 2 opinions
1Opinion of the Court
BARNES, Circuit Judge:
This two-pronged appeal arises from the granting in the District Court of a petition for a writ of habeas corpus and from the remedy ordered. The writ ordered Wade, a state prisoner, released from custody arising out of his 1957 conviction after a plea of guilty to the crime of sodomy, unless the State of California granted him a new hearing within 30 days. This was on the ground that the guilty plea entered by Wade was involuntary.
The State appeals from the granting of the writ. Wade appeals from that portion of the writ requiring a new hearing, maintaining he should be…
2Cases cited26 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Brady v. United StatesSupreme Court of the United States · 1970
- Jackson v. DennoSupreme Court of the United States · 1964
- Escobedo v. IllinoisSupreme Court of the United States · 1964
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3Cited by2 opinions
- Harris v. Superior Court of State of California for the County of Los AngelesCourt of Appeals for the Ninth Circuit · 1974
- Paul Harris v. Superior Court of the State of California for the County of Los Angeles, Andpeter Petchess, Sheriff of Los Angeles County, Co-Respondents, the State Ofcalifornia, Real Party in Interest, Fawn Harris v. Superior Court of the State of California for the County of Los Angeles, Andpeter Pitchess, Sheriff of Los Angeles, County, Co-Respondents, the People Ofthe State of California, Real Party in InterestCourt of Appeals for the Ninth Circuit · 1974