William J. Bowie v. Lawrence E. Wilson, Warden, California State Prison, San Quentin, California

U.S. Court of Appeals for the Ninth Circuit February 15, 1967

William J. Bowie v. Lawrence E. Wilson, Warden, California State Prison, San Quentin, California, 373 F.2d 514 (9th Cir. 1967)

1967 U.S. App. LEXIS 7406

Chambers, Jones, Claims, Hamley

Opinion

PER CURIAM:

The order of the district court denying a writ of habeas corpus is vacated. The district court will hold the petition in abeyance for a reasonable time to permit the appellant to seek relief in the appropriate state courts on the following three points:

1. Whether he was deprived of his right of confrontation of witnesses as guaranteed by the Sixth Amendment.

2. Whether his incriminating statements were involuntary.

*515 3. Whether he should have been warned as to his right not to testify as guaranteed by the United States Constitution.

Also, if California procedure permits it now, appellant should there present or re-present his contention that he did not voluntarily and intelligently waive counsel. This court is concerned about this point and has not disposed of it.

This decision is not a final decision on any point on the merits.

Reference

Full Case Name: William J. BOWIE, Appellant, v. Lawrence E. WILSON, Warden, California State Prison, San Quentin, California, Appellee
Status: Published