United States Ex Rel. Horace Jones v. Mark S. Richmond, Warden, Connecticut State Prison

Second Circuit

United States Ex Rel. Horace Jones v. Mark S. Richmond, Warden, Connecticut State Prison

245 F.2d 234, 1957 U.S. App. LEXIS 3225

Court of Appeals for the Second Circuit·Decided May 15, 1957·No. 234·Published·Cited by 19 cases

Opinion

PER CURIAM.

There is some question here whether relator, now raising new issues, has exhausted his state remedies as to them. In any event we do not think he makes a showing of federal questions adequate to deserve encouragement to proceed further. The record of the state hearing discloses careful consideration and representation in his behalf by the Public Defender, a responsible state official. On the issue of the tribunal to determine the degree of his guilt, Judge Cotter of the State Superior Court has carefully examined the authorities with the identical result stated by Judge Smith in a companion case to this which we have just recently affirmed. U. S. ex rel. Oakley v. Cummings, 2 Cir., Feb. 15, 1957, affirming denial of habeas corpus on the memorandum-decision of Judge Smith, rehearing denied, 2 Cir., March 12, 1957.

Accordingly the motion for a certificate of probable cause is denied and the appeal is therefore dismissed.

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PER CURIAM.

There is some question here whether relator, now raising new issues, has exhausted his state remedies as to them. In any event we do not think he makes a showing of federal questions adequate to deserve encouragement to proceed further. The record of the state hearing discloses careful consideration and representation in his behalf by the Public Defender, a responsible state official. On the issue of the tribunal to determine the degree of his guilt, Judge Cotter of the State Superior Court has carefully examined the authorities with the identical result stated by Judge Smith in a companion case to this which we have just recently affirmed. U. S. ex rel. Oakley v. Cummings, 2 Cir., Feb. 15, 1957, affirming denial of habeas corpus on the memorandum-decision of Judge Smith, rehearing denied, 2 Cir., March 12, 1957.

Accordingly the motion for a certificate of probable cause is denied and the appeal is therefore dismissed.

United States Ex Rel. Horace Jones v. Mark S. Richmond, Warden, Connecticut State Prison, 245 F.2d 234, 1957 U.S. App. LEXIS 3225 (2d Cir. 1957).

Pincite

245 F.2d 234 (United States Ex Rel. Horace Jones v. Mark S. Richmond, Warden, Connecticut State Prison) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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