Joie Silva v. John H. Klinger
Opinion
Opinion
This is an appeal in forma pauperis from an order denying a petition for a writ of habeas corpus filed in the United States District Court. Petitioner is a state prisoner, who has been unsuccessful in presenting an untimely appeal, and various writs, to the state courts, both on the trial and appellate level.
Petitioner was arrested April 8, 1963 for allegedly committing the crime of sodomy on April 7, 1963. On April 23, 1963 he was informed against. On April 25, 1963, represented by the public defender, he was arraigned, and pled not guilty. He was tried on May 20, 1963, his cause being submitted on the testimony given at the preliminary hearing. He was represented there by an attorney named Hancock. In his petition, he alleges “from the loss of memory” he could not then ask this attorney to cross-examine the witnesses who were in the courtroom. This “loss of memory” was because he “had the D.T.’s”, “through no fault of defendant.”
The petition for writ discloses petitioner was represented by am attorney, a Mr. Hancock, at his arraignment and plea; at his trial and at his sentencing; and by an attorney, Mr. Richard W. Dietrich, on his appeal of error coram nobis.