John Bernard Doyle v. United States

On this appeal we are reviewing an order denying a petition filed by the appellant Doyle pursuant to Sec. 2255 of Title 28 U.S.C., for an order vacating sentence. Doyle, an Indian, had been indicted pursuant to Secs. 1111(a), 1152 and 1153 Title 18 U.S.C., on a charge of murder committed within the Yakima Indian Reservation in the State of Washington. On October 3, 1959, a verdict was returned by the jury finding Doyle guilty of murder in the second degree and on October 5, 1959, he was sentenced to life imprisonment. On the same day a motion for new trial was filed on his behalf which was denied by the court on October 8, 1959. He therefore had until October 18, 1959, in which to file notice of appeal. No such notice was filed by him or on his behalf. His petition to vacate the sentence pursuant to Sec. 2255 was filed on June 24, 1960, and on the basis of affidavits filed by him he was permitted to prosecute the same in forma pauperis. The district judge who had imposed sentence heard and denied the petition. Upon appeal from the order of denial this court reversed and remanded the matter to the district court for an evidentiary hearing upon the allegations contained in the…