Ben Lee Brown v. Walter E. Craven

KILKENNY, Circuit Judge

(Specially Concurring):

I would remand to the district court with directions to require the Superior Court of California, (1) to hold within sixty days) a Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964), type hearing on the voluntariness of the appellant’s pre-trial admissions and statements; and (2) to hold a hearing on whether appellant’s objection to his legal representation was to the Public Defender’s Office as a whole, or as to the individual attorney assigned by the Public Defender’s Office. If the California court failed to hold these hearings and make and file its findings within the time limited, a new trial would be granted. Otherwise, the findings on those issues would be filed in the district court and forthwith transmitted to this court for appropriate action.