United States of America Ex Rel. Edward McCoy v. Alfred T. Rundle, Superintendent, State Correctional Institution, Graterford, Pennsylvania

419 F.2d 118, 1969 U.S. App. LEXIS 9788

• Court: Court of Appeals for the Third Circuit
• Decided: December 8, 1969
• Docket: 17932
• Status: Published

Opinions

OPINION OF THE COURT

PER CURIAM.

This is an appeal from an order denying a petition for a writ of habeas corpus. Relator is a state prisoner presently serving a sentence for burglary of a telephone booth. After an evidentiary hearing, the district court denied relief, but noted probable cause for appeal.

Relator makes two assertions. First, that failure to provide counsel at a preliminary hearing is a denial of due process. Second, that he was denied effective assistance of counsel both at trial and sentencing. The district court, in an unreported opinion, thoroughly analyzed each of these contentions and dismissed them. After careful examination of the record, we find no error.

The order of the district court will be affirmed.