Opinion
No. 57340.
January 30, 1976.
In re Luther J. Bradford and Robert H. Blumberg, applying for writ of habeas corpus.
Writ denied.
TATE, J., dissents on the ground that it is fundamentally unfair for the state to secure a conviction based on the evidence which it should reasonably know is perjured. Further, allegations that an uncounselled conviction was used to impeach credibility in violation of Loper v. Beto, 405 U.S. 473 92 S.Ct. 1014, 31 L.Ed.2d 374 (1972).
DIXON, J., concurs in the denial. The evidence referred to was known by the applicants to be false, was collateral to the issues and might be relevant in mitigation, but was clearly not determinative of guilt.
CALOGERO, J., would grant this writ.