Louis D. Hughes, and v. Lawrence E. Wilson, Warden San Quentin State Prison, And

Ninth Circuit

Louis D. Hughes, and v. Lawrence E. Wilson, Warden San Quentin State Prison, And

365 F.2d 596

Court of Appeals for the Ninth Circuit·Decided August 25, 1966·No. 20565_1·Published

Opinion

PER CURIAM:

Appellant is another of the numerous state prisoners who after Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977, was decided, attempted to secure post-conviction relief because the requirements of Escobedo were not satisfied in their cases.

Since appellant was sentenced on September 6, 1956, after a plea of guilty, and no appeal was taken, he cannot claim rights under either the Escobedo or the Miranda decision (Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (June 13, 1966)). Johnson v. State of New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882 (June 20, 1966).

In his brief in this court appellant makes some contentions not made either in the court below nor in the courts of the State. He cannot urge them now. Miller v. Gladden, 9 Cir., 341 F.2d 972, 975; Schiers v. People of the State of California, 9 Cir., 333 F.2d 173.

Affirmed.

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PER CURIAM:

Appellant is another of the numerous state prisoners who after Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977, was decided, attempted to secure post-conviction relief because the requirements of Escobedo were not satisfied in their cases.

Since appellant was sentenced on September 6, 1956, after a plea of guilty, and no appeal was taken, he cannot claim rights under either the Escobedo or the Miranda decision (Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (June 13, 1966)). Johnson v. State of New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882 (June 20, 1966).

In his brief in this court appellant makes some contentions not made either in the court below nor in the courts of the State. He cannot urge them now. Miller v. Gladden, 9 Cir., 341 F.2d 972, 975; Schiers v. People of the State of California, 9 Cir., 333 F.2d 173.

Affirmed.

Louis D. Hughes, and v. Lawrence E. Wilson, Warden San Quentin State Prison, And, 365 F.2d 596 (9th Cir. 1966).

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