Ex parte Boyden
Decision Date | 17 June 1953 |
Docket Number | Misc. No. 311. |
Parties | Ex parte BOYDEN. |
Court | U.S. Court of Appeals — Ninth Circuit |
Gerald Glen Boyden, in pro. per.
No other appearances were entered.
Boyden, a layman is informally seeking what I deem a petition for a certificate of probable cause for appeal. Boyden's application for habeas corpus was denied by the district court and permission to file an appeal in forma pauperis and a certificate of probable cause were denied on the ground that the appeal was not meritorious.
The petition presents only the constitutional contention whether the admission of confessions and admissions elicited from one who has been held incommunicado for six days without being permitted, after request, to contact an attorney is a denial of due process. I think this is a substantial question.
The facts with regard to this contention, as stated by the California District Court of Appeal, are as follows, People v. Boyden, 116 Cal.App.2d 278, 253 P.2d 773, 777:
Boyden contends that even if the confessions and admissions were obtained from him upon peaceful questioning by officers, his constitutional rights were infringed because he was not permitted to obtain counsel. He contends that counsel would have advised him that he did not have to answer questions and that the admissions would not then have been made. The California District Court of Appeal rejected this contention, saying of this prevention of obtaining counsel and the six days of incommunicado incarceration, People v. Boyden, 116 Cal. App.2d 278, 253 P.2d 773, 778:
"Such flagrant misconduct and utter disregard of the rights of an accused by law enforcement officers deserves the severest condemnation, and if it appears that it materially affected the regularity of his trial and conviction, would require a reversal."
but holding that:
"* * * in the case at bar, the misconduct of the police officers does not appear to have so affected the regularity...
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Boyden v. Webb, 13931.
...the writ, Boyden filed an application for a certificate of probable cause for appeal which was granted on June 17, 1953. See Ex parte Boyden, 9 Cir., 205 F.2d 485. The notice of appeal was filed seven days 28 U.S.C. § 2107 and Rule 73(a), Federal Rules of Civil Procedure, 28 U.S.C., require......