Lawrence E. Wilson, Warden, San Quentin Prison v. William A. Anderson

DUNIWAY, Circuit Judge:

Anderson was convicted in California Superior Court of the crime of forgery, iCal.Pen.C. § 470. His conviction was affirmed by the California District Court of Appeal. He then sought release by habeas corpus in the United States District Court. Anderson was tried before the decision in Griffin v. State of California, 1965, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106. The trial judge instructed the jury that it could consider Anderson’s failure to testify and the prosecutor in his opening and closing arguments, referred to Anderson’s failure to testify. Under Griffin,…