279 F.2d 834 (6th Cir. 1960), Dye v. Sacks

Citation:279 F.2d 834
Party Name:Clarence DYE, Petitioner, v. Beryl C. SACKS, Warden, Ohio State Penitentiary, State of Ohio, et al., Respondents. Undocketed.
Case Date:June 13, 1960
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Page 834

279 F.2d 834 (6th Cir. 1960)

Clarence DYE, Petitioner,

v.

Beryl C. SACKS, Warden, Ohio State Penitentiary, State of Ohio, et al., Respondents.

Undocketed.

United States Court of Appeals, Sixth Circuit.

June 13, 1960

Page 835

Clarence Dye, pro se.

WEICK, Circuit Judge.

The District Court denied the petition for writ of habeas corpus and petitioner's application for a certificate of probable cause. He desires to appeal to this Court.

He has applied to this Court or to a Judge thereof for a certificate of probable cause, the granting of which is a condition precedent to his right of appeal. Title 28 U.S.C. § 2253.

Petitioner was tried and convicted of the offense of armed robbery by a jury on April 25, 1956 in the Court of Common Pleas of Summit County, Ohio. He was sentenced to an indeterminate term of from 10 to 25 years in the Ohio State Penitentiary, where he is now confined.

His conviction was affirmed by the Court of Appeals for the Ninth Judicial District of Ohio on May 16, 1957. The Supreme Court of Ohio denied his motion for leave to appeal. It dismissed his appeal filed as of right on December 18, 1957 on the ground that no debatable constitutional question was involved. State of Ohio v. Dye, 167 Ohio St. 176, 146 N.E.2d 604. Certiorari was denied by the Supreme Court of the United States on October 13, 1958. Dye v. State of Ohio, 358 U.S. 45, 79 S.Ct. 37, 3 L.Ed.2d 44.

In all of the state court proceedings Dye was represented by counsel of his own choosing. He represented himself in the Supreme Court of the United States. States;

Thereafter he filed a petition for a writ of habeas corpus in the court of Common Pleas of Franklin County which was denied. He filed another petition for a writ of habeas corpus in the Court of Appeals for the Tenth Judicial District of Ohio which was denied. He filed his third habeas corpus petition as an original action in the Supreme Court of Ohio which was denied on November 25, 1959. In re Dye, 170 Ohio St. 97, 162 N.E.2d 520. His fourth habeas corpus action was filed in the United States District Court for the Southern District of Ohio, Eastern Division, which was denied. He seeks to appeal to this Court from the order of the District Court denying the writ.

In this Court, he has tendered a brief containing 38 typewritten pages. He has also submitted a record which has...

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