Chessman v. People

• Citation: 205 F.2d 128
• Decision Date: 30 June 1953
• Docket Number: No. 13451.,13451.
• Parties: CHESSMAN v. PEOPLE et al.
• Court: United States Courts of Appeals. United States Court of Appeals (9th Circuit)

205 F.2d 128 (1953)

CHESSMAN v. PEOPLE et al.

No. 13451.

United States Court of Appeals Ninth Circuit.

May 28, 1953.

Rehearing Denied June 30, 1953.

Caryl Chessman, in pro. per.

Edmund G. Brown, Atty. Gen., and Clarence A. Linn, Asst. Atty. Gen., of Cal., for appellee.

Before DENMAN, Chief Judge, and ORR and POPE, Circuit Judges.

DENMAN, Chief Judge.

This is an appeal from an order of the United States District Court for the Northern District of California, Southern Division, Louis E. Goodman, Judge, denying a petition for a writ of habeas corpus.

The question presented is whether the district court erred in denying the application for the writ upon the ground that the state courts had adequately considered and disposed of the contentions made in the application.

Caryl Chessman was convicted in the California courts on 18 felony counts, including two for which the death penalty was imposed. The judgments were affirmed on appeal. People v. Chessman, 38 Cal.2d 166, 238 P.2d 1001. Simultaneously with the appeal, a petition for a writ of habeas corpus was filed with the state court. This petition was denied by a memorandum order and the United States Supreme Court denied certiorari, Chessman v. California, 343 U.S. 915, 72 S.Ct. 650.

Chessman's petition is extremely lengthy and cites many instances in which he claims he was deprived of his rights under the United States Constitution. These may be summarized as follows: (1) that Chessman was forced to go to trial unprepared; (2) that confessions obtained by force and intimidation and promises of partial immunity were used in evidence against him; (3) that said confessions were treated as "admissions" by the court and prosecution with the result that the jury was authorized to base a verdict of guilty upon these involuntary statements; (4) that the trial resulting in Chessman's conviction was unfair; (5) that § 209 of the California Penal Code, under which the death penalties were imposed, is unconstitutional as applied to Chessman; (6) that petitioner was placed in double jeopardy; and (7) that due to extrinsic fraud practiced by the prosecuting attorney and the trial judge the transcript of record forwarded upon appeal to the state supreme court was incomplete and further that Chessman was not permitted to show that important parts of the proceedings were missing or were incorrectly recorded.

(1) Chessman's contention that he was forced to go to trial unprepared was adequately disposed of by the state courts.

Chessman contends that he was forced to go to trial unprepared, that he had no attorney and that prison rules did not permit him access to law books or a chance to interview witnesses. This point was adequately considered and disposed of by the California Supreme Court in its opinion in Chessman's appeal, People v. Chessman, 38 Cal.2d 166, 172-174, 238 P.2d 1001. We have examined the determination of the California court and find no fault therein. We therefore accept the State court's determination. Brown v. Allen, 344 U.S. 443, 507-508, 73 S.Ct. 397, 437. (Opinion of Justice Frankfurter).

(2) Chessman's contention that confessions obtained by force and intimidation and promises of partial immunity were used in evidence against him was adequately disposed of by the state courts.

As is shown by the opinion of the California Supreme Court in Chessman's appeal, People v. Chessman, supra, 38 Cal. 2d at pages 178-182, 238 P.2d 1001, the trial court in the first instance and the jury both decided the issue of the voluntariness of the confession against Chessman. While Justice Frankfurter stated that "the question whether established primary facts underlying a confession prove that the confession was coerced or voluntary cannot rest on the State decision" (citing Haley v. State of Ohio, 332 U.S. 596, 68 S.Ct. 302, 92 L.Ed. 224; Stroble v. California, 343 U.S. 181, 72 S.Ct. 599, 96 L.Ed. 872), Brown v. Allen, 344 U.S. 443, 507, 73 S.Ct. 397, 437, 446, where, as here, the evidence as to these primary facts is conflicting the determination of the triers of fact will be accepted unless "it is so lacking in support in the evidence that to give it effect would work that fundamental unfairness which is at war with due process." Lisenba v. People of State of California, 314 U.S. 219, 238, 62 S.Ct. 280, 291, 86 L.Ed. 166. The same procedures for determining the voluntariness of the confession were used in this case as were used in the Lisenba case, hence there is nothing for the federal court to consider.

(3) Chessman's contention that the confessions were treated as admissions with the result that the jury was authorized to base a verdict of guilty upon involuntary statements is wholly without merit.

As is shown above, the statements or confessions of Chessman were found to be voluntary and that finding is controlling here. Hence it makes no difference whether the statements were labeled "confessions" or "admissions". On this issue Chessman has failed to make out a prima facie case. Brown v. Allen, supra, 344 U.S. at page 502, 73 S.Ct. 397.

(4) Chessman's contention that the trial resulting in his conviction was unfair was adequately disposed of by the state court.

Chessman's contention that the trial was unfair is based upon the following allegations: that 18 felony counts were consolidated for one trial, that he was required to remain at the counsel table while interviewing witnesses, that he was denied a daily transcript of record while the prosecutor was able to obtain one, and that the court refused to allow an attorney as well as Chessman to argue to the jury. These contentions were all considered by the state supreme court, People v. Chessman, supra (consolidation of counts, 38 Cal.2d at page 175, 238 P.2d 1006, requirement that Chessman remain at counsel table, 38 Cal.2d at page 176, 238 P.2d at page 1007, denial of Chessman's motion for daily transcript, 38 Cal.2d at pages 176-177, 238 P.2d 1007-1008, and refusal to allow an attorney as well as Chessman to argue to the jury, 38 Cal.2d at pages 188-189, 238 P.2d at pages 1014-1015.

(5) Chessman's contention that § 209 of the California Penal Code is unconstitutional as applied to him is without merit.

Chessman was charged with and convicted of kidnapping for the purpose of robbery in four counts. Where the kidnappee suffers bodily harm, the penalty may be death under Calif.Pen.Code, § 209. Chessman has been found...