Ex parte Demaurez

Good Law
106 F.2d 457·1939 U.S. App. LEXIS 3014
United States Court of Appeals for the Ninth CircuitAugust 16, 1939California492 words

Opinion

Lead Opinion

Wilbur, J.

The petitioner, acting in propria personam, presents a voluminous document, one hundred and' forty typewritten pages, containing an application for a writ of habeas corpus, addressed to the • Senior Circuit Judge, an application to proceed in forma pauperis, and a petition for a writ of certiorari, also addressed to the Senior Circuit Judge. He alleges that his petition for a writ of habeas corpus was denied by the United ’ States District Court for the Western District of Washington, and that leave to appeal therefrom in forma pauperis was denied by this Court June 14, 1939; and that a subsequent motion to the trial court, for leave to amend and supplement the petition for habeas corpus was denied. The burden of the petitioner’s complaint, namely, that he was required to plead, and did plead, “not guilty” without the assistance of counsel, who appeared at the trial, has already been passed on by this Court. De Maurez v. Swope, 9 Cir., 104 F.2d 758 , June 14, 1939.

Petitioner also states that his trial, which was set for April 21, 1937, was not called until April 27, 1937; that he excused some of his witnesses, who, against the advice of his attorney, he had requested to attend…

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