Arthur Raymond Paine v. Daniel J. McCarthy Superintendent, California Men's Colony

This appeal is taken from the dismissal of a petition for habeas corpus which was sought pursuant to 28 U.S.C. § 2254 . Paine was convicted in a California superior court on charges of passing fictitious payroll checks. His petition attacked the constitutionality of a ten-month delay in bringing his case to trial and the superi- or court’s order that his attorney produce certain private papers for use as a handwriting exemplar. The district court rejected both of these contentions on the merits and alternatively found that Paine had deliberately bypassed state appellate review of his speedy trial claim. We disagree with the deliberate bypass finding but affirm the district court’s judgment on the merits of the petition.

The Bypass Issue

The passing of fictitious checks occurred in September 1971, and a criminal complaint against Paine was issued in November 1971. He was brought to trial and convicted in September 1972. Shortly before trial, Paine moved for dismissal under the state’s speedy trial statute, CahPenal Code § 1381 (West Supp. 1975). The superior court conducted a hearing and found that Paine did not present a demand for trial until June 1972, and that this…