SPAIN v. RUSHEN

No. C 81-4858 TEH.

543 F.Supp. 757 (1982)

Johnny SPAIN, Petitioner, v. Ruth RUSHEN, Director, California Dept. of Corrections, Jess Marquez, Superintendent, California Medical Facility, Vacaville, Cal., Respondents.

United States District Court, N. D. California.

June 29, 1982.


Attorney(s) appearing for the Case

Dennis Riordan, Acting Deputy State Public Defender, Benjamin Dreyfus, Charles Garry, San Francisco, Cal., for petitioner.

Ronald Niver, Deputy State Atty. Gen., San Francisco, Cal., for respondents.


OPINION AND ORDER

HENDERSON, District Judge.

This case is before the Court on Spain's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Petitioner claims that he is in custody pursuant to a judgment of conviction that is constitutionally defective as a result of events that occurred at his trial. First, Spain contends that ex parte communications that took place during his trial between a juror and the trial judge deprived...

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