Joseph William Janovic, Jr. v. Frank A. Eyman, Superintendent, Arizona State Prison

The instant appeal is from the order of the United States District Court for the District of Arizona made on December 1, 1967, denying, after hearing, appellant’s petition for Writ of Habeas Corpus, and is a companion appeal to that of appellant Kruchten, No. 22,706, which was perfected from a similar order of the said United States District Court. Janovic v. Eyman, D.C., 276 F.Supp. 862 , and Kruchten v. Eyman, D.C., 276 F.Supp. 858 .

The opinion of this Court, affirming the order of the United States District Court denying the petition for Writ of Habeas Corpus in Kruchten v. Eyman, 406 F.2d 304 , decided contemporaneously with the within case, is here referred to and the pertinent portions thereof incorporated herein. The issues in the two cases are closely related and the opinions should be read together.

Both appellant Janovic and his co-defendant Kruchten pleaded guilty to first degree murder in the Superior Court of Arizona, in and for the County of Yuma, and each was sentenced to death. The convictions on their pleas of guilty were appealed to the Supreme Court of Arizona by each appellant separately. That Court affirmed the judgments of the trial Court in both cases.…