Jackson v. People of California

Decision Date14 August 1964
Docket NumberNo. 19052.,19052.
Citation336 F.2d 521
PartiesHarold JACKSON, Appellant, v. The PEOPLE of the State OF CALIFORNIA, Appellee.
CourtU.S. Court of Appeals — Ninth Circuit

Paul A. Mansfield, San Jose, Cal., for appellant.

Stanley Mosk, Atty. Gen. of Cal., Raymond M. Momboisse, Deputy Atty. Gen. of Cal., Sacramento, Cal., for appellee.

Before BARNES, HAMLIN and JERTBERG, Circuit Judges.

HAMLIN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the Northern District of California, Northern Division, denying the petition of Harold Jackson, appellant herein, for a writ of habeas corpus. Jurisdiction of this court is based upon 28 U.S.C. § 1291 (1958). Defendant was convicted after a jury trial in the Superior Court of the State of California in and for the City and County of San Francisco of kidnapping with resultant bodily harm. Since the death penalty was imposed, appellant took an automatic appeal to the California Supreme Court. People v. Jackson, 44 Cal.2d 511, 282 P.2d 898 (1955). That court reversed the finding of bodily harm (and with it the death penalty) on grounds of insufficient evidence, but affirmed the conviction of kidnapping for the purpose of ransom, and directed the superior court to impose a sentence of life imprisonment. Appellant did not petition the United States Supreme Court for a writ of certiorari after that decision.

Some six years later appellant applied to the California Supreme Court for a writ of habeas corpus on the grounds of misconduct of the trial judge and the prosecuting attorney. The California Supreme Court denied his petition and the Supreme Court of the United States denied certiorari.

Appellant then brought this habeas corpus petition in the United States District Court for the Northern District of California, Northern Division, on November 15, 1962. The district court issued an order to show cause to the warden of Folsom Prison. The warden made a written return thereto in which there was set out a summary of certain evidence given in the trial and in which certain legal contentions were made opposing the petition. On December 12, 1962, appellant filed a written traverse to the warden's return. Thereafter, on May 9, 1963, the district court filed a written memorandum and order denying appellant's petition for a writ of habeas corpus. Timely notice of appeal to this court was filed by appellant and his accompanying application for a certificate of probable cause was denied by the district court on the ground that the proposed appeal was without merit and not taken in good faith. A certificate of probable cause was later granted by this court.

The main contention made by appellant in the district court and in this court is that he has been denied a fair and impartial trial in violation of the due process requirement of the fourteenth amendment to the United States Constitution. The appellant makes no claim that the facts as to what occurred at the trial are in dispute. Indeed, he relies upon the facts shown in the record in the case. Upon oral argument counsel stated that the facts were not in dispute. Thus a hearing in the district court was not necessary.1

At his trial in the state court, Jackson's main defense was that the asserted kidnapping was a hoax devised between Jackson and the victim to extort money from the victim's father. He also contended that the victim suffered no bodily harm during the claimed kidnapping. On appeal appellant also claimed that during his trial the trial judge and the prosecuting attorney were guilty of misconduct which required reversal. The contentions of appellant and the occurrences at the trial were discussed in detail by the Supreme Court of California in its opinion and rather than unduly lengthen this opinion we refer to that discussion, 44 Cal.2d at 517-521, 282 P.2d at 901-903. After this detailed discussion the Supreme Court said, id. at 521, 282 P.2d at 903-904,

"If this were not a case in which the overwhelming weight of the credible evidence tends to establish the guilt of the defendants of one of the crimes of which they are charged, the misconduct of the judge and prosecuting attorney, together with other errors, would compel the judgments of conviction to be reversed in their entirety.
"Under the mandate of Article VI, section 4½ of the Constitution this court must dispose of the cause in such manner as to avoid a miscarriage of justice. It is conceded that the great weight of the evidence shows a kidnapping for the purpose of ransom. However, except for the manner in which the trial was conducted, the jury might have found in favor of the defendants on other issues presented by indictment."

The court thereupon reversed the conviction as to the death penalty and directed the trial court to impose a sentence of life imprisonment for the crime of kidnapping for the purpose of ransom.

Article VI, section 4½ of the California Constitution reads as follows:

"No judgment shall be set aside, or new trial granted, in any case, on the ground of misdirection of the jury, or of the improper admission or rejection of evidence, or for any error as to any matter of pleading, or for any error as to any matter of procedure, unless, after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice."

A defendant is entitled to a fair trial and the protection of the due process requirements of the fourteenth amendment even though the evidence of his guilt is overwhelming. Malinski v. New York, 324 U.S. 401, 65 S.Ct. 781, 89 L.Ed. 1029 (1945). That section 4½ does not act to prevent a reversal where the established elements of a fair trial have been denied a defendant was pointed out by the California Supreme Court in People v. Sarazzawski, 27 Cal.2d 7, 10-11, 161 P.2d 934, 936 (1945), where the court stated:

"There is no question that the evidence amply supports the verdict and judgment but, regrettably, we find in the record several incidents which should not have occurred in a fair and orderly trial. At least two of such incidents are matters of such grave moment as to amount to substantial departures from the established elements of a fair trial, to which every person charged with crime, no matter how rich or poor, virtuous or debased, is entitled. When a defendant has been denied any essential element of a fair trial or due process, even the broad saving provisions of section 4½ of article VI of our state Constitution cannot remedy the vice and the judgment cannot stand. Citing cases. That section was not designed to `abrogate the guaranties accorded persons accused of crime by other parts of the same Constitution or to overthrow all statutory rules of procedure and evidence in criminal cases. When we speak of administering "justice" in criminal cases, under the English or American system of procedure, we mean something more than merely ascertaining whether an accused is or is not guilty. It is an essential part of justice that the question of guilt or
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  • Imbler v. Craven
    • United States
    • U.S. District Court — Central District of California
    • April 23, 1969
    ...court need not conduct a further hearing. Townsend v. Sain, 372 U.S. 293, 318, 83 S.Ct. 745, 9 L.Ed.2d 770 (1963); Jackson v. California, 336 F.2d 521, 522 (9th Cir. 1964). The complete reporters' transcripts of petitioner's trial and of the state habeas corpus hearing, as well as the refer......
  • Brant v. Scafati
    • United States
    • U.S. District Court — District of Massachusetts
    • July 11, 1969
    ...n. 5; Sutherland v. Wainwright, 1968, 5 Cir., 399 F.2d 303; Mooneyham v. Kansas, 1964, 10 Cir., 339 F.2d 209, 210; Jackson v. California, 1964, 9 Cir., 336 F.2d 521, 524; cf. Townsend v. Sain, 1963, 372 U.S. 293, 312, 83 S.Ct. 745, 9 L.Ed.2d 770. And it is therefore unnecessary for this Cou......
  • Bashor v. Risley
    • United States
    • U.S. District Court — District of Montana
    • May 6, 1982
    ...action is not considered the proper remedy to correct trial errors or irregularities absent a denial of due process. Jackson v. California, 336 F.2d 521, 524 (9th Cir. 1964). To establish a denial of due process in this regard, the petitioner must prove that the error so fatally infected th......
  • Scalf v. Bennett
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • April 28, 1969
    ...argument. Although allegedly prejudicial remarks are generally not reviewable in a habeas proceeding, see Jackson v. California, 336 F.2d 521, 524-525 (9th Cir. 1964); Chavez v. Dickson, 280 F.2d 727, 735 (9th Cir. 1960), cert. denied, 364 U.S. 934, 81 S.Ct. 379, 5 L.Ed. 2d 366 (1961); cf. ......
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