Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

Hugh VIZZARD, Petitioner and Appellant, v. Raymond K. PROCUNIER, Respondent and Appellee.

PER CURIAM:

The substance of this habeas petitioner's charges lies in the failure to provide counsel at his preliminary hearing. The right to counsel attaches at that time, Coleman v. Alabama, 399 U.S. 1, 90 S.Ct. 1999, 26 L.Ed.2d 387 (1970), but the Coleman decision does not apply retroactively to petitioner's 1958 conviction. Olsen v. Ellsworth, 438 F.2d 630, February 8, 1971 (9th Cir.). An attorney was appointed for petitioner in the Superior Court and he entered a counseled plea of guilty. He does not impeach the voluntariness of his guilty plea other than to attribute it to earlier admissions of guilt which were allegedly improperly obtained at the time of arrest and at the preliminary hearing. These averments are inadequate to invoke federal habeas corpus jurisdiction. Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970); McMann v. Richardson, 397 U.S. 759, 90 S.Ct. 1441, 25 L.Ed.2d 763 (1970); Parker v. North Carolina, 397 U.S. 790, 90 S.Ct. 1458, 25 L.Ed.2d 785 (1970).

Petitioner's claims of unconstitutional conviction have received careful and appropriate consideration in the California courts. In re Van Brunt, 242 Cal.App.2d 96, 51 Cal.Rptr. 136 (1966); In re Vizzard, 255 Cal.App.2d 571, 63 Cal.Rptr. 305 (1967).

The order denying the petition for habeas corpus is affirmed.

Use AI to get other relevant cases.

Comments

VIZZARD v. PROCUNIER
(Feb 19, 1971)