723 F.2d 697 (9th Cir. 1984), 82-4643, Terry v. Enomoto

Docket Nº:82-4643.
Citation:723 F.2d 697
Party Name:Harold TERRY, Petitioner-Appellant, v. J.J. ENOMOTO, Respondent-Appellee.
Case Date:January 12, 1984
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit

Page 697

723 F.2d 697 (9th Cir. 1984)

Harold TERRY, Petitioner-Appellant,


J.J. ENOMOTO, Respondent-Appellee.

No. 82-4643.

United States Court of Appeals, Ninth Circuit

January 12, 1984

Argued and Submitted Sept. 15, 1983.

Page 698

Thomas A. Volk, Sacramento, Cal., for petitioner-appellant.

Morris Lenk, Asst. Atty. Gen., Dept. of Justice, San Francisco, Cal., for respondent-appellee.

Appeal from the United States District Court for the Northern District of California.

Before DUNIWAY and FERGUSON, Circuit Judges, and GRANT, [*] District Judge.

DUNIWAY, Circuit Judge:

Habeas corpus. The district court denied the writ and Terry appeals. We affirm.

I. Facts.

Terry is a prisoner of California, having been convicted of first degree murders in 1965. At his trial he said that he was a professional thief, and had no other source of income. Before trial, he signed an affidavit in which he alleged that he owned no real property; had no money, none at home, in the bank, in jail property, owed to him, or anywhere else; no pension; tax refund, compensation; law suit; no stocks, bonds, jewelry, or insurance with surrender value. He asked to be defended by the public defender, and he was so defended.

When he was arrested on the murder charges, in March, 1965, the police seized a considerable quantity of property in his apartment and in the home of his estranged wife. Much of it was returned by the police to the persons whose homes had been burglarized by Terry. Sometime later, in 1973, the police disposed of what was left. He now says that among items of property seized were a $2,500 Waterford punch bowl service, a $3,600 oil painting, two Kangxi Chinese vases worth $11,500 each, and over $2,000 worth of fishing equipment, that he owned them, and that, if they had been returned to him, he could have sold them and employed counsel of his own choosing.

Terry was convicted in December, 1965. Since then, he has filed various state court petitions, and has petitioned for federal habeas

Page 699

corpus several times: Terry v. Nelson, N.D.Cal., No. C-70-2696-LHB; Terry v. Nelson, N.D.Cal., No. C-72-1491-LHB; Terry v. Craven, N.D.Cal., No. C-72-2272-LHB; Terry v. Craven, 9 Cir., February 4, 1974, No. 73-2265; Terry v. Craven, 9 Cir., 1976, 551 F.2d 313.

In 1977, Terry filed a civil rights action under 42 U.S.C. Sec. 1983 in federal...

To continue reading