WADE v. STATE OF CALIFORNIA

Nos. 25061, 25073.

450 F.2d 726 (1971)

Joseph William WADE, Petitioner and Appellant, v. STATE OF CALIFORNIA, Respondent and Appellee (two cases).

United States Court of Appeals, Ninth Circuit.

As Modified on Denial of Rehearing November 22, 1971.


Attorney(s) appearing for the Case

John E. Sparks (argued), of Brobeck, Phleger & Harrison, San Francisco, Cal., for appellant.

Charles R. B. Kirk, Deputy Atty. Gen. (argued), Evelle J. Younger, Cal. Atty. Gen., John T. Murphy, Deputy Atty. Gen., San Francisco, Cal., for appellee.

Before CHAMBERS and BARNES, Circuit Judges, and JAMESON, District Judge.


BARNES, Circuit Judge:

This two-pronged appeal arises from the granting in the District Court of a petition for a writ of habeas corpus and from the remedy ordered. The writ ordered Wade, a state prisoner, released from custody arising out of his 1957 conviction after a plea of guilty to the crime of sodomy, unless the State of California granted him a new hearing within 30 days. This was on the ground that the guilty plea...

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