Robert R. Hoag v. Waiter B. Martin, Warden of Attica State Prison

Second Circuit

Robert R. Hoag v. Waiter B. Martin, Warden of Attica State Prison

224 F.2d 277, 1955 U.S. App. LEXIS 4072

CourtCourt of Appeals for the Second Circuit

DecidedJune 29, 1955

Docket23351_1

StatusPublished

Cited by1 cases

This text of 224 F.2d 277 (Robert R. Hoag v. Waiter B. Martin, Warden of Attica State Prison) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Robert R. Hoag v. Waiter B. Martin, Warden of Attica State Prison, 224 F.2d 277, 1955 U.S. App. LEXIS 4072 (2d Cir. 1955).

Pincite

Opinion

PER CURIAM.

The court wishes to express its appreciation of the able and conscientious presentation of this appeal by counsel acting at its request and on its assignment. Even though we are constrained to deny his appeal, petitioner may rest assured that his rights have been protected with skill and devotion.

Petitioner alleges that he was illegally allowed to plead guilty in the Richmond County Court to the crime of burglary in the third degree when the grand jury had indicted him only for robbery, petit larceny, and possession of a loaded weapon. His attempts to secure a remedy for this conviction in the New York state courts have included two unsuccessful applications there for writs of habeas corpus, and one for a writ of error coram nobis. Only the denial of coram nobis was ever taken to the New York Appellate Court, where the appeal was finally dismissed for want of prosecution after the petitioner had unsuccessfully tried to proceed in forma pauperis. Thus even if petitioner has raised a federal constitutional question, as to which there is some doubt, see Paterno v. Lyons, 334 U.S. 314, 68 S.Ct. 1044, 92 L.Ed. 1409, we cannot properly interfere in the legal processes of the state at this time, since he has failed to exhaust his state remedies. United States ex rel. Kalan v. Martin, 2 Cir., 205 F.2d 514.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The court wishes to express its appreciation of the able and conscientious presentation of this appeal by counsel acting at its request and on its assignment. Even though we are constrained to deny his appeal, petitioner may rest assured that his rights have been protected with skill and devotion.

Petitioner alleges that he was illegally allowed to plead guilty in the Richmond County Court to the crime of burglary in the third degree when the grand jury had indicted him only for robbery, petit larceny, and possession of a loaded weapon. His attempts to secure a remedy for this conviction in the New York state courts have included two unsuccessful applications there for writs of habeas corpus, and one for a writ of error coram nobis. Only the denial of coram nobis was ever taken to the New York Appellate Court, where the appeal was finally dismissed for want of prosecution after the petitioner had unsuccessfully tried to proceed in forma pauperis. Thus even if petitioner has raised a federal constitutional question, as to which there is some doubt, see Paterno v. Lyons, 334 U.S. 314, 68 S.Ct. 1044, 92 L.Ed. 1409, we cannot properly interfere in the legal processes of the state at this time, since he has failed to exhaust his state remedies. United States ex rel. Kalan v. Martin, 2 Cir., 205 F.2d 514.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

224 F.2d 277, 1955 U.S. App. LEXIS 4072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-r-hoag-v-waiter-b-martin-warden-of-attica-state-prison-ca2-1955.

Opinion

Related

Cite This Page — Counsel Stack