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MITCHELL v. SUPERIOR CT. FOR CTY. OF SANTA CLARA

No. 79-2502.

632 F.2d 767 (1980)

Thomas Robert MITCHELL and Robert Charles Shepherd, Jr., Petitioners-Appellants, v. SUPERIOR COURT FOR the COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 7, 1980.

Rehearing Denied November 21, 1980.

Attorney(s) appearing for the Case

Sheldon Portman, San Jose, Cal., for petitioners-appellants.

Michael D. Whelan, Deputy Atty. Gen., San Francisco, Cal., argued, Don Jacobson, San Francisco, Cal., on brief, for respondent-appellee.

Before MERRILL and WALLACE, Circuit Judges, and WYATT, District Judge.

WALLACE, Circuit Judge:

Mitchell and Shepherd were charged in California state court with various narcotics violations of the California Health and Safety Code. In a motion to dismiss the charges they claimed that police conduct interfered with their constitutional rights to effective assistance of counsel and due process of law, and that the police coerced them to work as undercover agents in violation of the constitutional guarantee against involuntary servitude...

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