William Estep v. United States

This is primarily the hearing of a motion to dismiss an appeal from an order of the District Court, Southern District of California, Central Division, made' April 11, 1962, denying the application of the appellant for a writ of habeas corpus filed by him on April 3, 1962 in said District Court.

Appellant filed various unintelligible documents with this court, apparently attempting an appeal. The government moved to dismiss the appeal. We appointed experienced counsel to represent petitioner in this proceeding. Various delays occurred, which were and are regrettable and unavoidable.

The denial of the writ of habeas corpus in the district court, so petitioner’s counsel states, was originally on the ground petitioner had not first exhausted his remedy under Section 2255, Title 28 U.S.C.

Petitioner answered this (a) by relying on an order of this court dated December 5, 1961, signed by Chief Judge Chambers; (b) by claiming Section 2255 was unconstitutional; (c) by urging that petitioner is entitled to be personally brought to court for any hearing, and that, inferentially, any procedure other than by habeas corpus would be inadequate.

From February 1961 to January 1962, the…