Gilbert R. Molina v. Walter E. Craven, Warden, California State Prison

Ninth Circuit

Gilbert R. Molina v. Walter E. Craven, Warden, California State Prison

435 F.2d 554

CourtCourt of Appeals for the Ninth Circuit

DecidedJanuary 4, 1971

Docket25867

StatusPublished

This text of 435 F.2d 554 (Gilbert R. Molina v. Walter E. Craven, Warden, California State Prison) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gilbert R. Molina v. Walter E. Craven, Warden, California State Prison, 435 F.2d 554 (9th Cir. 1971).

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Opinion

PER CURIAM:

The decision of the district court denying habeas corpus relief is affirmed.

Molina was convicted in California of the state crime of murder of a fellow prisoner.

On his point that his co-defendant should not have been permitted to testify (the testimony hurt Molina), there was ample opportunity for cross-examination, which was done quite thoroughly. In our view, reliance here on Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476, on the facts of this ease, is misplaced.

Contentions that Molina was not represented by competent counselor are frivolous.

The state failure to hold a pre-hearing reception on admissions of Molina and of his co-defendant is attacked. No such hearing was requested. This may have been trial strategy of able counsel.

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