Conway v. California Adult Auth., 396 U.S. 107 (1969)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

Certiorari was granted to consider petitioner’s contention that his privilege against compulsory self-incrimination had been infringed by the California prison authorities. Petitioner, who was serving consecutive sentences of not less than five years each, attacked the constitutionality of his confinement pursuant to the California Indeterminate Sentence Law. He asserted that respondent Adult Authority extended his term beyond the date tentatively set for his discharge solely because he refused to admit his guilt. Respondents filed no response to the petition for habeas corpus in the District Court, and, in response to the petition for certiorari, merely argued that petitioner’s claim was legally insubstantial. In their brief on the merits here, they have presented documentary evidence that the actual facts do not present the issue for which certiorari was granted.

Held: The writ of certiorari is dismissed as improvidently granted.

Certiorari dismissed.