Garvey v. State

Court of Appeals of Arizona

Garvey v. State

424 P.2d 206, 5 Ariz. App. 164, 1967 Ariz. App. LEXIS 380

CourtCourt of Appeals of Arizona

DecidedFebruary 28, 1967

DocketNo. 2 CA-CIV 292

StatusPublished

This text of 424 P.2d 206 (Garvey v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Garvey v. State, 424 P.2d 206, 5 Ariz. App. 164, 1967 Ariz. App. LEXIS 380 (Ark. Ct. App. 1967).

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Opinion

KRUCKER, Judge.

Appellant, John J. Garvey, takes this appeal from a denial of a writ of habeas corpus by the Superior Court of Pinal County on March 9, 1966.

The appellant is presently on parole from the Arizona State Prison and contends, generally, that his right to counsel was violated in that he was not advised of such right; and that coercive methods were used in eliciting statements from him. Reliance is placed on Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964), and Miranda v. State of Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), but as the conviction in the instant case (1963) was prior to the decisions in the above cited cases, the application of the above cited cases has been modified by Johnson v. State of New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882 (1966).

John J. Garvey has filed numerous petitions and appeals, and everything of which he complains has been disposed of previously.

The latest disposition of his complaints was by the U. S. Supreme Court in denying motion for leave to file petition for writ of habeas corpus on January 24, 1966. Garvey v. Eyman, 382 U.S. 1007, 86 S.Ct. 622, 15 L.Ed.2d 536 (1966).

The order of the Superior Court of Pinal County is affirmed.

HATHAWAY, C. J., and MOLLOY, J., concur.

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KRUCKER, Judge.

Appellant, John J. Garvey, takes this appeal from a denial of a writ of habeas corpus by the Superior Court of Pinal County on March 9, 1966.

The appellant is presently on parole from the Arizona State Prison and contends, generally, that his right to counsel was violated in that he was not advised of such right; and that coercive methods were used in eliciting statements from him. Reliance is placed on Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964), and Miranda v. State of Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), but as the conviction in the instant case (1963) was prior to the decisions in the above cited cases, the application of the above cited cases has been modified by Johnson v. State of New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882 (1966).

John J. Garvey has filed numerous petitions and appeals, and everything of which he complains has been disposed of previously.

The latest disposition of his complaints was by the U. S. Supreme Court in denying motion for leave to file petition for writ of habeas corpus on January 24, 1966. Garvey v. Eyman, 382 U.S. 1007, 86 S.Ct. 622, 15 L.Ed.2d 536 (1966).

The order of the Superior Court of Pinal County is affirmed.

HATHAWAY, C. J., and MOLLOY, J., concur.

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424 P.2d 206, 5 Ariz. App. 164, 1967 Ariz. App. LEXIS 380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garvey-v-state-arizctapp-1967.

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