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WHITNEY v. CRAVEN

No. 71-3007.

460 F.2d 1267 (1972)

James L. WHITNEY, Plaintiff-Appellant, v. Walter E. CRAVEN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

May 4, 1972.

Attorney(s) appearing for the Case

William A. Brockett, Robert W. Ripley, Federal Defenders, Benjamin F. Rayborn, Legal Research Associate, San Diego, Cal., for plaintiff-appellant.

Evelle J. Younger, Atty. Gen., Herbert L. Asher, Chief Asst. Atty. Gen., Doris H. Maier, Asst. Atty. Gen., Alexander B. McDonald, Mark L. Christiansen, Deputy Attys. Gen., San Diego, Cal., for defendant-appellee.

Before DUNIWAY, TRASK and CHOY, Circuit Judges.

PER CURIAM:

Whitney, a California prisoner, convicted of burglary in 1965, appeals from the denial of his petition for a writ of habeas corpus. He claims that he did not knowingly and intelligently waive his right to appeal because he did not know that he had a right to appeal or that as an indigent he had a right to have appointed counsel on appeal. See Gairson v. Cupp, 9 Cir., 1969, 415 F.2d 352. The district court held an...

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