Silva v. Klinger

Decision Date01 February 1966
Docket NumberNo. 20366.,20366.
Citation355 F.2d 657
PartiesJoie SILVA, Appellant, v. John H. KLINGER, Appellee.
CourtU.S. Court of Appeals — Ninth Circuit

Joie Silva, in pro. per.

Thomas C. Lynch, Atty. Gen. of Cal., Wm. E. James, Asst. Atty. Gen., Robt. P. Samoian, Deputy Atty. Gen., Los Angeles, Cal., for appellee.

Before BARNES, JERTBERG and ELY, Circuit Judges.

PER CURIAM:

This is an appeal in forma pauperis from an order denying a petition for a writ of habeas corpus filed in the United States District Court. Petitioner is a state prisoner, who has been unsuccessful in presenting an untimely appeal, and various writs, to the state courts, both on the trial and appellate level.

Petitioner was arrested April 8, 1963 for allegedly committing the crime of sodomy on April 7, 1963. On April 23, 1963 he was informed against. On April 25, 1963, represented by the public defender, he was arraigned, and pled not guilty. He was tried on May 20, 1963, his cause being submitted on the testimony given at the preliminary hearing. He was represented there by an attorney named Hancock. In his petition, he alleges "from the loss of memory" he could not then ask this attorney to cross-examine the witnesses who were in the courtroom. This "loss of memory" was because he "had the D.T.'s", "through no fault of defendant."

The petition for writ discloses petitioner was represented by an attorney, a Mr. Hancock, at his arraignment and plea; at his trial and at his sentencing; and by an attorney, Mr. Richard W. Dietrich, on his appeal of error coram nobis.

An accused may, of course, waive his right to cross-examination and confrontation, and...

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5 cases
  • People v. Foster
    • United States
    • California Supreme Court
    • November 6, 1967
    ...94; People v. Davis, 157 Cal.App.2d 33, 34, 320 P.2d 88; People v. Hart, 121 Cal.App.2d 301, 302, 262 P.2d 865; see Silva v. Klinger, 9 Cir., 355 F.2d 657, 658; Witkin, Cal.Criminal Procedure, pp. Defendant asserts that the order committing him for a temporary period to Atascadero State Hos......
  • Ellis v. State of Okl.
    • United States
    • U.S. District Court — Western District of Oklahoma
    • January 9, 1976
    ...F.2d 761 (C.A. 8 1942). This waiver may be accomplished by counsel acting in the presence and on behalf of the accused. Silva v. Klinger, 355 F.2d 657 (C.A. 9 1966); Cruzado v. People of Puerto Rico, 210 F.2d 789 (C.A. 1 1954). See also Wilson v. Gray, 345 F.2d 282 (C.A. 9 The petitioner's ......
  • Davis v. Davis
    • United States
    • New Jersey Superior Court — Appellate Division
    • October 25, 1968
    ...States v. Hickey, 360 F.2d 127, 145 (7 Cir. 1966), certiorari denied 385 U.S. 928, 87 S.Ct. 284, 17 L.Ed.2d 210 (1966); Silva v. Klinger, 355 F.2d 657, 658 (9 Cir. 1966). Defendant further contends we should not consider plaintiff's claim that she was denied the opportunity to cross-examine......
  • Blackwell v. United States, 25522
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • February 7, 1969
    ...of counsel in failing to cross-examine was nothing more than trial strategy and amounts to a waiver of the right. See Silva v. Klinger, 9 Cir., 1966, 355 F.2d 657; Wilson v. Gray, 9 Cir., 1965, 345 F.2d 282. The next assignment of error is based on exceptions to the charge. It was not error......
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