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Gilbert R. Molina v. Walter E. Craven, Warden, California State Prison

Gilbert R. MOLINA, Appellant, v. Walter E. CRAVEN, Warden, California State Prison, Appellee

Molina v. Walter E. Craven,, Cal. State Prison, 435 F.2d 554 (9th Cir. 1971)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
January 4, 1971
Docket
No. 25867
Judges
Chambers, Hamley, Merrill, Per Curiam
Citations
435 F.2d 554

Opinion — Per Curiam

PER CURIAM:

The decision of the district court denying habeas corpus relief is affirmed.

Molina was convicted in California of the state crime of murder of a fellow prisoner.

On his point that his co-defendant should not have been permitted to testify (the testimony hurt Molina), there was ample opportunity for cross-examination, which was done quite thoroughly. In our view, reliance here on Bruton v. United States, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 , on the facts of this ease, is misplaced.

Contentions that Molina was not represented by competent counselor are frivolous.

The state failure to hold a pre-hearing reception on admissions of Molina and of his co-defendant is attacked. No such hearing was requested. This may have been trial strategy of able counsel.

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DepthCaseCited by
Bruton v. United States, 391 U.S. 123 (1968) 7,533

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