(DOWNLOAD) "De Kaplany V. J. J. Enomoto Director Of California Department Of Corrections" by United States Court of Appeals for the Ninth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: De Kaplany V. J. J. Enomoto Director Of California Department Of Corrections
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 09, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 89 KB
Description
This case comes before us on appeal from the district court's denial of de Kaplany's habeas corpus petition seeking relief from his 1963 state conviction. The petitioner asserts that his constitutional rights were violated in four separate respects. The first such respect is that the failure of the trial court to conduct a hearing on de Kaplany's competence to stand trial constituted a denial of due process. The second is that his mental illness substantially impaired his ability to make a reasoned choice with respect to whether to plead guilty or not and that as a consequence his plea of guilty during the "guilt phase"*fn1 was not knowingly, intelligently, and voluntarily made. The third respect in which de Kaplany alleges his constitutional rights were impaired is that ineffective counsel deprived him of a fair trial. Finally, he contends that the massive, pervasive, and prejudicial publicity that attended his prosecution deprived him of a fair trial.
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