William Loftis v. Frank A. Eyman, Warden, Arizona State Prison

Good Law
350 F.2d 920·1965 U.S. App. LEXIS 4469
United States Court of Appeals for the Ninth CircuitSeptember 20, 196519746California2,606 words

Opinion

Opinion

Barnes, J.

This is an appeal in propria persona by appellant, a prisoner by reason of a state court conviction, of the denial in the district court of his petition for a writ of habeas corpus.

The district court had jurisdiction to entertain the application for a writ of habeas corpus under 28 U.S.C.A. § 2241 . The requirement of 28 U.S.C.A. § 2254 (that applicant exhaust all available state court remedies before resorting to the district court) was satisfied by earlier unsuccessful applications to the Supreme Court of Arizona and to the Pinal County, Arizona, Superior Court. This court has jurisdiction on appeal from the district court denial of the writ pursuant to 28 U.S.C.A. § 2253 .

Appellant in Superior Court of Mari-copa County, Arizona, was charged with second degree murder.

It is unnecessary to go into all the evidence introduced in the state prosecution. Suffice it to say defendant was convicted of manslaughter, and sentenced to from nine to ten years imprisonment. The evidence portrays a sordid homicide in a cheap hotel. One Jean Mangum was found strangled in room 3 of the Mayes Hotel, Phoenix, Arizona, her body stuffed in a closet. The appellant had rented the room.

Appellant…

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