United States of America Ex Rel. Joseph Miles Walker v. Jack Fogliani, Warden of the Nevada State Penitentiary Near Carson City, Nevada

This appeal is from the District Court’s order denying the appellant’s application for a writ of habeas corpus. The application followed appellant’s conviction, in a Nevada State District Court, of the crime of first degree murder, the assessment of the penalty of death, affirmance of the conviction by the three-judge Supreme Court of Nevada, with one judge dissenting (Walker v. State of Nevada, 78 Nev. 463 , 376 P.2d 137, 1962 ), and denial of petition for writ of certiorari by the Supreme Court of the United States (Walker v. State of Nevada, 1963, 375 U.S. 882 , 84 S.Ct. 153 , 11 L.Ed.2d 112 ).

The homicide occurred on September 19, 1960, or very near that date, and on September 28, 1960, there was filed a criminal complaint in which the appellant was formally charged with the crime of murder. When the complaint was filed, the appellant was not in custody of the Nevada authorities, and they apparently had no information as to where he then was. Several weeks later, appellant was discovered to be a prisoner in the Oklahoma State Penitentiary located in Mc-Alester, Oklahoma. His presence there was on account of a crime unrelated to the Nevada charge of murder. The Nevada…