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William Bryant Mason v. Peter J. Pitchess, Sheriff of Los Angeles County

William Bryant MASON, Petitioner-Appellee, v. Peter J. PITCHESS, Sheriff of Los Angeles County, Et Al., Respondents-Appellants

Mason v. Pitchess, 440 F.2d 454 (9th Cir. 1971)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
June 3, 1971
Docket
No. 25483
Judges
Chambers, Browning, Wright
Citations
440 F.2d 454

Opinion — Per Curiam

PER CURIAM:

The district court granted a writ of habeas corpus on the ground that Petitioner did not effectively waive counsel in his state trial.

The district court made its determination without an evidentiary hearing and solely because the state court judge did not make adequate inquiries of petitioner before allowing him to reject the services of a public defender and represent himself.

In Hodge v. United States, 414 F.2d 1040 (9th Cir. 1969), and Arnold v. United States, 414 F.2d 1056 (9th Cir. 1969), we rejected the contention that under Von Moltke v. Gillies, 332 U.S. 708 , 68 S.Ct. 316 , 92 L.Ed. 309 (1948), an inadequate inquiry by the trial judge conclusively establishes absence of effective waiver. On the record in this case a hearing was required to determine whether petitioner knowingly and intelligently waived counsel.

See Sessions v. Wilson, 372 F.2d 366, 369-370 (9th Cir. 1967).

Reversed and remanded.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1978: 11982: 11994: 11995: 119782026peak 1978 · 1

Relies on it most ⓘ

  1. Richard Allan Moran v. Salvador Godinez, Warden57 F.3d 690 (9th Cir. 1995)
  2. United States v. Francis E. Gillings and Ruth Gillings568 F.2d 1307 (9th Cir. 1978)
  3. Richard Allan Moran v. Salvador Godinez, Warden40 F.3d 1567 (9th Cir. 1994)
  4. Evans v. Raines534 F. Supp. 791 (D. Ariz. 1982)

Most recent

  1. Richard Allan Moran v. Salvador Godinez, Warden57 F.3d 690 (9th Cir. 1995)
  2. Richard Allan Moran v. Salvador Godinez, Warden40 F.3d 1567 (9th Cir. 1994)
  3. Evans v. Raines534 F. Supp. 791 (D. Ariz. 1982)
  4. United States v. Francis E. Gillings and Ruth Gillings568 F.2d 1307 (9th Cir. 1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Von Moltke v. Gillies, 332 U.S. 708 (1948) 1,359
Arnold v. United States, 414 F.2d 1056 (9th Cir. 1969) 58
Hodge v. United States, 414 F.2d 1040 (9th Cir. 1969) 45
Sessions v. Wilson, 372 F.2d 366 (9th Cir. 1967) 15

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