United States of America Ex Rel. Joseph Miles Walker v. C. W. Young, Sheriff of Washoe County, State of Nevada

Appellee has moved to dismiss the above-entitled appeal in this habeas corpus proceeding on the ground that appellant has not exhausted his state remedies. Appellant has filed an opposition thereto. Appellant Joseph Miles Walker is in Nevada custody awaiting final disposition of a retrial on a charge of first degree murder.

In United States v. Fogliani, 9 Cir., 343 F.2d 43, 48 , reversing and remanding a district court order denying an earlier application for a writ of habeas corpus, this court directed that the proceeding be held in abeyance in the district court to afford appellant a reasonable opportunity to exhaust his state remedies on the question of whether he had been deprived of constitutional rights articulated in Escobedo v. State of Illinois, 378 U.S. 478 , 84 S.Ct. 1758 , 12 L.Ed.2d 977 .

Walker then applied to the Nevada state trial court for a ruling on the Escobedo question. The state trial court, on July 6, 1966, held that Escobedo was inapplicable because Walker had not requested an attorney. Walker then applied to the Supreme Court of Nevada for a writ of habeas corpus, raising the same question. The Nevada Supreme Court agreed with the state trial court that…