George Chromiak v. Harold v. Field

George Chromiak, Jr., a California state prisoner, appeals from a district court order denying his application for a writ of habeas corpus. This is the' third federal habeas proceeding he has instituted since his conviction for perjury, for which he is now serving a sentence of from one to fourteen years imposed on February 8, 1966.

At the time of his conviction on a jury verdict, Chromiak applied for probation, which was denied. He was then sentenced to imprisonment in a California penal institution. The judgment was affirmed in an unreported decision by the California District Court of Appeal for the Fourth Appellate District. Proceedings were then instituted before the trial judge, Superior Court Judge Gerald C. Thomas, to effect execution of the judgment, Chromiak having been released on bail pending the appeal.

Chromiak, purporting to proceed under California Code of Civil Procedure, section 170.6, filed a written motion and declaration to disqualify Judge Thomas from conducting this proceeding, it being alleged that the judge was prejudiced against him. Judge Thomas transferred this motion to Superior Court Judge Verne Warner for disposition. Judge Warner denied the…