John Lewis Jones v. Harold J. Cardwell, Superintendent Arizona State Prison

This is an appeal from the judgment of the district court dismissing petitioner’s petition for a writ of habeas corpus with prejudice.

Petitioner was convicted in the Superior Court, Maricopa County, Arizona, of the offenses of first degree rape and burglary and was sentenced to consecutive sentences of nine to fifteen years for burglary and ninety-nine to one hundred years for rape. The convictions and sentences were affirmed on appeal. State v. Jones, 110 Ariz. 546 , 521 P.2d 978 (1974).

The federal petition for habeas corpus alleges that a petition for certiorari to the United States Supreme Court was filed and denied on November 11, 1974 ( 419 U.S. 1004 , 95 S.Ct. 324 , 42 L.Ed.2d 280 ).

The grounds for relief alleged are:

1. Unduly suggestive pre-trial identification procedures unconstitutionally tainted the rape and burglary victim’s purported in-court identification of petitioner.

2. Samples of petitioner’s hair were unconstitutionally seized under a search warrant, the Affidavit for which was insufficient under the Fourth Amendment.

3. The trial court’s denial of a trial continuance to permit petitioner’s trial counsel to prepare to meet the prosecution’s evidence of…