United States v. Travis O. Spaulding, Travis O. Spaulding v. Herb Maschner

These are consolidated appeals from the denial of a petition for a writ of habeas corpus and from the judgments entered after appellant’s conviction on two counts of use of the mails to extort ( 18 U.S.C. § 876 ) and two counts of use of the mails to make a bomb threat ( 18 U.S.C. § 844 [e]).

We find no reversible error and therefore AFFIRM.

The principal thrust of the petition for a writ of habeas corpus was that appellant had been denied his right to a speedy trial. The record shows he was arrested March 9, 1974 and the trial started April 8, 1975.

The record also shows, however, that on August 12,1974, some five months after his arrest, appellant signed a waiver of his right to a speedy trial and that this waiver was filed August 15, 1974.

After a hearing on April 4, 1975 the trial court denied the petition for the writ, and we hold such denial necessarily includes a finding by the trial court that the waiver was free, voluntary and knowingly entered into by appellant despite his testimony to the contrary at the hearing. Such a finding mandates affirmance of the trial court’s ruling on the writ.

Appellant claims he was denied due process by the trial court when it refused…