320 F.2d 120 (10th Cir. 1963), 7376, Latham v. Crouse

Docket Nº:7376, 7377.
Citation:320 F.2d 120
Party Name:James Douglas LATHAM, Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Appellee. George Ronald YORK, Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Appellee.
Case Date:July 10, 1963
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit
 
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Page 120

320 F.2d 120 (10th Cir. 1963)

James Douglas LATHAM, Appellant,

v.

Sherman H. CROUSE, Warden, Kansas State Penitentiary, Appellee.

George Ronald YORK, Appellant,

v.

Sherman H. CROUSE, Warden, Kansas State Penitentiary, Appellee.

Nos. 7376, 7377.

United States court of Appeals, Tenth Circuit.

July 10, 1963

Page 121

Roy Cook, Kansas City, Kan., for appellants.

J. Richard Foth, Asst. Atty. Gen. of Kansas (William M. Ferguson, Atty. Gen. of Kansas and Park McGee, Asst. Atty. Gen. of Kansas, on the brief), for appellee.

Before PHILLIPS, BREITENSTEIN, and HILL, Circuit Judges.

BREITENSTEIN, Circuit Judge.

These are companion cases which were briefed and argued together. Appellants Latham and York, herein referred to as petitioners, were jointly charged, tried by a jury in the District Court of Russell County, Kansas, convicted, and sentenced to death for homicide. The judgments were affirmed by the Kansas Supreme Court, State v. Latham & York, 190 Kan. 411, 375 P.2d 788, and certiorari was denied 373 U.S. 919, 83 S.Ct. 1310, 10 L.Ed.2d 418. Petitions for federal habeas corpus were dismissed after a hearing at which petitioners were represented by counsel and at which both the petitioners and the prosecution rested their cases on the state court records and declined to introduce any further evidence. 1 These appeals followed.

Petitioners were arrested in Utah on June 10, 1961, for violation of the Federal Dyer Act and promptly taken before a United States commissioner who advised them of their right to have counsel appointed. 2 Neither petitioner availed himself of this offer. The following day, agents of the Federal Bureau of Investigation, after telling petitioners of their constitutional rights, interrogated them on the Dyer Act charge. In connection therewith they admitted the homicide and subsequently repeated their confessions to agents of the Kansas Bureau of Investigation. Petitioners waived extradition and, on June 16, 1961, were returned to Wallace County, Kansas, where they were promptly taken before the county court of that county for preliminary examination as required by Kansas statutes. The court advised them of their right to employ counsel and to insist that the state produce evidence in support of the charge. The petitioners did not request

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counsel and waived the right to preliminary hearing.

On July 14, 1961, an information was filed charging them with homicide. Counsel were appointed to represent them. On the suggestion of possible insanity the court appointed a sanity commission to examine them. On August 24, 1961, the commission...

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