William J. Bowie v. Lawrence E. Wilson, Warden, California State Prison, San Quentin, California

Ninth Circuit

William J. Bowie v. Lawrence E. Wilson, Warden, California State Prison, San Quentin, California

373 F.2d 514, 1967 U.S. App. LEXIS 7406

Court of Appeals for the Ninth Circuit·Decided February 15, 1967·No. 20846·Published

Opinion

PER CURIAM:

The order of the district court denying a writ of habeas corpus is vacated. The district court will hold the petition in abeyance for a reasonable time to permit the appellant to seek relief in the appropriate state courts on the following three points:

1. Whether he was deprived of his right of confrontation of witnesses as guaranteed by the Sixth Amendment.

2. Whether his incriminating statements were involuntary.

*515 3. Whether he should have been warned as to his right not to testify as guaranteed by the United States Constitution.

Also, if California procedure permits it now, appellant should there present or re-present his contention that he did not voluntarily and intelligently waive counsel. This court is concerned about this point and has not disposed of it.

This decision is not a final decision on any point on the merits.

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PER CURIAM:

The order of the district court denying a writ of habeas corpus is vacated. The district court will hold the petition in abeyance for a reasonable time to permit the appellant to seek relief in the appropriate state courts on the following three points:

1. Whether he was deprived of his right of confrontation of witnesses as guaranteed by the Sixth Amendment.

2. Whether his incriminating statements were involuntary.

*515 3. Whether he should have been warned as to his right not to testify as guaranteed by the United States Constitution.

Also, if California procedure permits it now, appellant should there present or re-present his contention that he did not voluntarily and intelligently waive counsel. This court is concerned about this point and has not disposed of it.

This decision is not a final decision on any point on the merits.

William J. Bowie v. Lawrence E. Wilson, Warden, California State Prison, San Quentin, California, 373 F.2d 514, 1967 U.S. App. LEXIS 7406 (9th Cir. 1967).

Pincite

373 F.2d 514 (William J. Bowie v. Lawrence E. Wilson, Warden, California State Prison, San Quentin, California) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.