Hugh Vizzard, and v. Raymond K. Procunier, And

Ninth Circuit

Hugh Vizzard, and v. Raymond K. Procunier, And

439 F.2d 94

CourtCourt of Appeals for the Ninth Circuit

DecidedFebruary 19, 1971

Docket23483_1

StatusPublished

Cited by4 cases

This text of 439 F.2d 94 (Hugh Vizzard, and v. Raymond K. Procunier, And) 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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Hugh Vizzard, and v. Raymond K. Procunier, And, 439 F.2d 94 (9th Cir. 1971).

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Opinion

PER CURIAM:

The substance of this habeas petitioner’s charges lies in the failure to provide counsel at his preliminary hearing. The right to counsel attaches at that time, Coleman v. Alabama, 399 U.S. 1, 90 S.Ct. 1999, 26 L.Ed.2d 387 (1970), but the Coleman decision does not apply retroactively to petitioner’s 1958 conviction. Olsen v. Ellsworth, 438 F.2d 630, February 8, 1971 (9th Cir.). An attorney was appointed for petitioner in the Superior Court and he entered a counseled plea of guilty. He does not impeach the volun-tariness of his guilty plea other than to attribute it to earlier admissions of guilt which were allegedly improperly obtained at the time of arrest and at the preliminary hearing. These averments are inadequate to invoke federal habeas corpus jurisdiction. Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970); McMann v. Richardson, 397 U.S. 759, 90 S.Ct. 1441, 25 L.Ed.2d 763 (1970); Parker v. North Carolina, 397 U.S. 790, 90 S.Ct. 1458, 25 L.Ed.2d 785 (1970).

Petitioner’s claims of unconstitutional conviction have received careful and appropriate consideration in the California courts. In re Van Brunt, 242 Cal.App.2d 96, 51 Cal.Rptr. 136 (1966); In re Vizzard, 255 Cal.App.2d 571, 63 Cal.Rptr. 305 (1967).

The order denying the petition for ha-beas corpus is affirmed.

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PER CURIAM:

The substance of this habeas petitioner’s charges lies in the failure to provide counsel at his preliminary hearing. The right to counsel attaches at that time, Coleman v. Alabama, 399 U.S. 1, 90 S.Ct. 1999, 26 L.Ed.2d 387 (1970), but the Coleman decision does not apply retroactively to petitioner’s 1958 conviction. Olsen v. Ellsworth, 438 F.2d 630, February 8, 1971 (9th Cir.). An attorney was appointed for petitioner in the Superior Court and he entered a counseled plea of guilty. He does not impeach the volun-tariness of his guilty plea other than to attribute it to earlier admissions of guilt which were allegedly improperly obtained at the time of arrest and at the preliminary hearing. These averments are inadequate to invoke federal habeas corpus jurisdiction. Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970); McMann v. Richardson, 397 U.S. 759, 90 S.Ct. 1441, 25 L.Ed.2d 763 (1970); Parker v. North Carolina, 397 U.S. 790, 90 S.Ct. 1458, 25 L.Ed.2d 785 (1970).

Petitioner’s claims of unconstitutional conviction have received careful and appropriate consideration in the California courts. In re Van Brunt, 242 Cal.App.2d 96, 51 Cal.Rptr. 136 (1966); In re Vizzard, 255 Cal.App.2d 571, 63 Cal.Rptr. 305 (1967).

The order denying the petition for ha-beas corpus is affirmed.

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439 F.2d 94, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hugh-vizzard-and-v-raymond-k-procunier-and-ca9-1971.

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