Kramer

This appeal is taken from an order of the court below denying the petition of John A. Kramer for a writ of habeas corpus. Kramer alleged in his petition for the writ that he was in custody as a prisoner in the State Prison of Nevada under sentence of death imposed by the courts of that State and that such imprisonment was illegal, void and without due process of law, in violation of Section 1 of the Fourteenth Amendment to the Constitution of the United States. In support of this allegation he further alleged that he had been charged with the crime of murder by the State of Nevada; that an attorney was appointed for his defense; that said attorney was negligent in the conduct of such defense; that the trial court misled and confused the jury in giving contradictory instructions relative to the form of verdict the jury should return; that as a result of this, the jury returned a verdict finding defendant Kramer guilty.

The appellant contends the District Court of the United States erred in denying his petition for writ of habeas corpus because:

(1) Counsel assigned appellant by the State trial court was negligent and careless in the conduct of the defense, so as to deprive the…

On Petition for Rehearing

Rehearing denied.

I agree to the denial of the petition for rehearing specifically upon the ground that “ * * * recourse should be had to whatever judicial remedy afforded by the state may still remain open.” Mooney v. Holo-han, 294 U.S. 103, 115 , 55 S.Ct. 340, 343 , 79 L.Ed. 791 , 98 A.L.R. 406 . Petitioner has the right, which apparently he has never exercised, to sue out the writ of habeas corpus in the Nevada State Court notwithstanding the fact that certain issues of petitioner’s trial have been passed upon by the Nevada Supreme Court.