MATHIS v. NELSON

No. 22469.

411 F.2d 1363 (1969)

Dovie Carl MATHIS, Appellant, v. Louis S. NELSON, Warden, California State Prison, Tamal, California, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 5, 1969.


Attorney(s) appearing for the Case

Robert Carl Herr (argued) (main counsel), David Frohnmayer, San Francisco, Cal., Samuel D. O'Brian, San Jose, Cal., for appellant.

Robert R. Granucci (argued), Deputy Atty. Gen., Thomas C. Lynch, Atty. Gen., Edward P. O'Brien, Deputy Atty. Gen., San Francisco, Cal., for appellee.

Before BARNES and HAMLEY, Circuit Judges, and SMITH, District Judge.


BARNES, Circuit Judge:

This is an appeal in forma pauperis by a state prisoner from the denial of his petition for a writ of habeas corpus by the district court. (28 U.S.C. § 2241.) A certificate of probable cause was issued.

The basis of the writ sought was (1) that appellant had been coerced into giving an incriminatory statement to the police while in custody; (2) that references to re-enactment of the crime (and appellant's reaction thereto) violated...

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