Marvin Phillips v. Peter J. Pitchess, Sheriff

This is an appeal from an order denying and dismissing appellant’s petition for a writ of habeas corpus.

We are satisfied that the appeal has no merits. We adopt the carefully prepared and reasoned order of the District Court Judge as the opinion of this Court. It is appended hereto and made a part hereof as Exhibit “A”.

The judgment is affirmed, except that rejection of petitioner’s fifth contention is affirmed only on the ground that petitioner failed to exhaust his state court remedies.

EXHIBIT “A”

[March 24, 1970]

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND DISMISSING ACTION

Petitioner is a state court prisoner who was convicted of second degree murder and now seeks a writ of habeas corpus. The grounds upon which he bases his petition are: (1) that he was placed in double jeopardy when he was tried the second time for the same offense ; (2) that he was denied his right to counsel of his own choice; (3) that the petit jury was unconstitutionally selected; (4) that he was denied his right to cross-examination of the witnesses against him under the Sixth and Fourteenth Amendments to the Constitution when the trial court allowed at the second trial the reading of…