William B. Sullivan v. Fred R. Dickson, Warden, Etc.

Appellant filed in the district court below a petition denominated “Motion for a Subpoena Duces Tecum.” The district court treated the petition as one for a writ of habeas corpus, and denied it on the ground that three previous petitions by Sullivan had been presented to the same court and denied. The district court refused to issue a certificate of probable cause on appeal, but a certificate of probable cause was heretofore granted by this Court.

On June 9, 1960, after the brief of ap-pellee had been filed, but before filing of appellant’s closing brief, Sullivan filed in this Court a petition for the writ of habeas corpus addressed to “Judge Stephens or to any district court judge.” This was denied by this Court on June 14, 1960.

Thus the only docketed matter before the Court at this hearing is the refusal of the court below to grant the “Motion for a Subpoena Duces Tecum.”

Appellant was convicted in the state courts in two separate trials of the crime of rape. The first allegedly was committed on January 30, 1949; the second crime allegedly having been committed (while appellant was awaiting trial on the first offense) on March 28, 1949. Both convictions were affirmed on…