Opinion · Court of Appeals for the Ninth Circuit

Commodore William Moss v. Walter E. Craven, Warden

427 F.2d 139

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1970-05-26
Topic
general

PER CURIAM. Petitioner, a California prisoner, appeals from an order of the district court denying his petition for a writ of habeas corpus. After an evidentiary hearing the district court found that “petitioner was properly represented by counsel and that he pleaded guilty with an understanding of the significance of the plea and the consequences stemming therefrom.” Based on the testimony adduced at the hearing, and the state court record, we cannot say that these findings are clearly erroneous. Knowles v. Gladden, 378 F.2d 761, 766-767 (9th Cir. 1967).

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MOSS v. CRAVEN,427 F.2d 139(9th Cir. 1970)
Commodore William MOSS, Petitioner-Appellant, v. Walter E. CRAVEN, Warden,
Respondent-Appellee.
No. 22198.
United States Court of Appeals, Ninth Circuit.
May 26, 1970.
Page 140
Larry Daines (argued), Pasadena, Cal., for petitioner-appellant.

Commodore William Moss, in pro. per.

John P. Oakes (argued), Derald E. Granberg, Deputy Attys. Gen., Thomas C. Lynch, Atty. Gen. of California, San Francisco, Cal., for respondent-appellee.
Before BROWNING and HUFSTEDLER, Circuit Judges, and BATTIN,fn*District Judge.
PER CURIAM.
Petitioner, a California prisoner, appeals from an order of the district court denying his petition for a writ of habeas corpus.

After an evidentiary hearing the district court found that "petitioner was properly represented by counsel and that he pleaded guilty with an understanding of the significance of the plea and the consequences stemming therefrom." Based on the testimony adduced at the hearing, and the state court record, we cannot say that these findings are clearly erroneous. Knowles v. Gladden,378 F.2d 761, 766-767 (9th Cir. 1967).

Petitioner contends that the state trial record was insufficient to establish the voluntariness of his guilty plea under the standards enunciated in Boykin v. Alabama,395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). In Halliday v. United States,394 U.S. 831, 89 S.Ct. 1498, 23 L.Ed.2d 16 (1969), the Supreme Court held that the rule of McCarthy v. United States,394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969), would apply only to guilty pleas accepted after the date of theMcCarthydecision. We think that the reasoning ofHallidayrequires the denial of retroactive effect to theBoykindecision.Accord,United States ex rel. Hughes v. Rundle,419 F.2d 116, 118 (3d Cir. 1969); In re Tahl,1 Cal.3d 122, 134-135,81 Cal.Rptr. 577, 585-586,460 P.2d 449(1969).

Affirmed.
  1. Honorable James F. Battin, District Judge, United States District Court for the District of Montana, sitting by designation. ↩