John Calvin Cannon v. Clarence T. Gladden, Warden of the Oregon State Penitentiary
This text of 314 F.2d 48 (John Calvin Cannon v. Clarence T. Gladden, Warden of the Oregon State Penitentiary) 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.
Opinion
This appeal is from an order of the District Court dismissing a petition for a writ of habeas corpus filed by a state prisoner. The petitioner contends that he was denied due process of law because his plea of guilty was accepted by the state court when he was without the aid of counsel and was not mentally competent either to represent himself or to waive the assistance of counsel. Counsel for petitioner in this Court concedes that this contention has not been presented to the state court. The dismissal of the petition must therefore be affirmed. 28 U.S.C.A. § 2254; Darr v. Burford, 339 U.S. 200, 203-204, 70 S.Ct. 587, 94 L.Ed. 761 (1950).
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314 F.2d 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-calvin-cannon-v-clarence-t-gladden-warden-of-the-oregon-state-ca9-1963.