NICHOLAS v. SUPERIOR COURT OF STATE OF CAL.

No. C-85-1696 EFL.

610 F.Supp. 267 (1985)

Kenneth Vincent NICHOLAS, Petitioner, v. SUPERIOR COURT OF the STATE OF CALIFORNIA FOR the COUNTY OF MARIN; Charles P. Prandi, Marin County Sheriff; Daniel J. McCarthy, Director of the California Department of Corrections; John K. Van de Kamp, Attorney General of the State of California, Respondents.

United States District Court, N.D. California.

June 10, 1985.


Attorney(s) appearing for the Case

Diana Samuelson, Serra, Perelson & Metcalf, San Francisco, Cal., for petitioner.

Clifford K. Thompson, Jr., Deputy Atty. Gen., San Francisco, Cal., for respondents.


ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

LYNCH, District Judge.

Petitioner Kenneth Vincent Nicholas seeks a federal writ of habeas corpus on the sole ground that the judicially-created defense of entrapment under California state law violates the Due Process Clause of the Fourteenth Amendment. For the reasons discussed below, the petition is denied.

I. Background

On January 14, 1982, petitioner and his co-defendant, Gene Michael...

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