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Mooney's petition for a writ of habeas corpus was, as he expected, denied at both the trial and the intermediate appellate levels, but the California Supreme Court did act on his petition and scheduled what was to become one of the lengthiest habeas corpus hearings in the nation's history. In October 1937 the Court denied the writ in a lengthy opinion in which it detailed the record before it and concluded that in the absence of any proof of fraud, perjury, or suppression of evidence, it lacked any authority to overturn the jury's verdict. In yet another extraordinary move, Mooney obtained permission to appear before the state assembly to plead his case and won from the legislators a resolution supporting a full pardon. That resolution, however, was defeated in the state senate, and Mooney was returned to San Quentin prison. One of the senators who had...
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This section contains 236 words (approx. 1 page at 300 words per page) |
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