Baskerville v. Nelson, 26906.
| Decision Date | 23 February 1972 |
| Docket Number | No. 26906.,26906. |
| Citation | 455 F.2d 430 |
| Parties | Byron D. BASKERVILLE, Petitioner-Appellant, v. Louis S. NELSON, Warden, Respondent-Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Byron D. Baskerville, in pro. per.
Jack K. Weber, Deputy Atty. Gen., Los Angeles, Cal., for respondent-appellee.
Before MADDEN,* Judge of the United States Court of Claims, and BROWNING and DUNIWAY, Circuit Judges.
This is an appeal by Baskerville from an order of the United States District Court for the Central District of California denying Baskerville's petition for a writ of habeas corpus.
Appellant was charged, upon information, and tried in a California Superior Court, for the California crime of arson. He was represented by counsel, and with the consent of the parties and their counsel, the trial was by the court without a jury. The court found him guilty, and on April 30, 1968, the court suspended sentencing proceedings and placed the appellant on probation, with specified conditions, to which conditions appellant consented. On August 6, 1968, appellant was brought before the court for violation of the conditions of his probation. The court thereupon revoked his probation, and sentenced him to prison for three years, the term prescribed by law.
Appellant appealed to the California District Court of Appeal, which, exercising its discretion, reviewed on the merits not only the revocation of his probation but his trial, including the evidence against him, admitted over constitutional objection. The California District Court of Appeal affirmed his conviction and sentence.
In February 1970, appellant filed a petition to the Supreme Court of California for a writ of habeas corpus to be issued to the Warden of the San Quentin Prison, directing him to show cause why he was holding appellant in prison. That petition was denied, without opinion, on March 11, 1970, by the Supreme Court of California. A petition for a writ of habeas corpus was then filed in the United States District Court for the Central District of California, as stated above. That court on May 28, 1970, denied the petition, and on July 28, 1970, denied appellant's motions for rehearing and for a certificate of probable cause. This Court of Appeals, on December 22, 1970, granted appellant a certificate of probable cause for this instant appeal.
In the instant case, in the United States District Court, the Attorney General of California, on behalf of the Warden who was holding the appellant in detention, urged the court to deny the writ of habeas corpus on the ground that the appellant had not exhausted the remedies available to him in the California state courts. The appellant called the court's attention to the fact,...
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Harris v. Superior Court of State of Cal., Los Angeles County
...California Supreme Court may have based its denial on procedural grounds: Moreno v. Nelson, 9 Cir., 1973, 472 F.2d 570; Baskerville v. Nelson, 9 Cir., 1972, 455 F.2d 430; Turner v. Lloyd, 9 Cir., 1971, 439 F.2d 138; Conway v. Wilson, 9 Cir., 1966, 368 F.2d Not surprisingly, decisions of the......
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Troglin v. Clanon, C-74-0020.
...can result in denial of a petition by the State Supreme Court which is not an exhaustion of state remedies. See Baskerville v. Nelson, 455 F.2d 430, 432 (9th Cir. 1972). The Supreme Court denied the petition without an opinion or citation of authority. Justice Tobriner, however, was "of the......