Joseph J. Tynan v. Frank A. Eyman, Warden, Arizona State Prison

Appellant is in state custody serving a prison sentence imposed on April 30, 1956, by the Superior Court of the State of Arizona in and for the County of Maricopa, following conviction by a jury of the charges of rape and assault. No appeal from the judgment of conviction was taken.

The first appearance in this court of this cause was an appeal from an order of the district court denying, without a hearing, appellant’s application for a writ of habeas corpus filed in the district court on April 15, 1965. In that application, appellant alleged (1) that he was denied his constitutional right to be represented by court appointed counsel at his preliminary examination; and (2) that perjured testimony procured by the prosecutor was used against him in his jury trial held in the Superior Court —the trial resulting in his conviction.

On the first appeal we vacated the order of the district court denying appellant’s application for a writ of habeas corpus, and remanded the cause to the district court for the issuance of an order to show cause on appellee, and for an evidentiary hearing at which time appellant should be present. See Tynan v. Eyman, 371 F.2d 764 (9th Cir. 1967). In that…