Ray Martin Graves v. Frank A. Eyman, Warden, Arizona State Prison

Good Law
373 F.2d 324
United States Court of Appeals for the Ninth CircuitMarch 17, 196720935California631 words

Opinion

Opinion

The appellant filed a petition for a writ of habeas corpus in the court below seek ing such a writ against the appellee as Warden of the Arizona State Prison. Appellant is a prisoner in the custody of Warden Eyman pursuant to a sentence imposed upon him after a verdict of guilty of the crime of murder in the second degree returned by a jury in the Superior Court of Yuma County, Arizona.

In his petition for the writ of habeas corpus the appellant alleged that in the course of his prosecution in the Arizona courts he was deprived of his right to counsel during the period when he was being interrogated prior to his prosecution and arraignment; that he was denied a preliminary hearing prior to the filing of an information against him in the Superior Court of Arizona, and that he was denied a delayed appeal by the Arizona Supreme Court.

The district court to whom this petition for the writ of habeas corpus was presented denied and dismissed the same and this appeal followed.

We are unable to discover in this record any basis for the issuance of a writ of habeas corpus. The denial of a delayed appeal by the Arizona Supreme Court does not amount to a denial of any federal right of the…

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