425 F.2d 305 (10th Cir. 1970), 266-69, Brown v. Crouse

Docket Nº:266-69.
Citation:425 F.2d 305
Party Name:Leroy St. Clair BROWN, Jr., Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee.
Case Date:May 04, 1970
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit
 
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Page 305

425 F.2d 305 (10th Cir. 1970)

Leroy St. Clair BROWN, Jr., Appellant,

v.

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

No. 266-69.

United States Court of Appeals, Tenth Circuit.

May 4, 1970

Page 306

[Copyrighted Material Omitted]

Page 307

Edward Lee Dale, Denver, Colo., for appellant.

Edward G. Collister, Jr., Asst. Atty. Gen. of Kansas (Kent Frizzell, Atty. Gen., on the brief), for appellee.

Before LEWIS, Chief Judge, BREITENSTEIN and SETH, Circuit Judges.

LEWIS, Chief Judge.

This case reaches us on appeal from denial of relief after evidentiary hearing sought by a petition for habeas corpus lodged in the United States District Court for the District of Kansas. After duly exhausting his state remedies, 1 appellant Brown brought before the court below multiple claims of federal constitutional error in the state court proceedings leading to his internment: a) admission into evidence of a confession involuntarily made, coupled with b) the failure to provide him with counsel at the initial stages of the proceedings against him; c) admission of evidence obtained pursuant to an illegal search and seizure; d) failure to record the prosecutor's closing argument wherein prejudicial comment was levied against him; e) exclusion of blacks from the jury; and f) suppression of favorable medical evidence by the state. Brown has also urged on appeal the invalidity of certain pretrial identification procedures. We conclude that the lower court's denial of relief was proper.

On March 25, 1964, Brown was tried by jury and convicted on two robbery counts, two burglary, and one forcible rape. After his motion for new trial was overruled, Brown was sentenced to four consecutive 15-year terms and, with the Kansas habitual criminal statute properly invoked, received a life sentence on the fifth count. The trial court had explored the asserted involuntariness of a confession obtained from Brown in a closed hearing held at the beginning of the trial. Brown's testimony was taken on the issue, as well as that of the two detectives who had interrogated him. The two arresting officers later testified at trial, and that partial transcript was available below. The convictions were affirmed in State v. Brown, 198 Kan. 473, 426 P.2d 129, detailing the factual background of the case. State court review was directed to each of the arguments presented to the court below, except for removal of all blacks on the jury panel and suppression of the medical reports. Thereafter, Brown was denied federal habeas corpus relief for failure to exhaust...

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