Stroble v. Egeler, 76-1644
| Decision Date | 13 January 1977 |
| Docket Number | No. 76-1644,76-1644 |
| Parties | Bernard STROBLE, Petitioner, v. Charles E. EGELER, Warden, State Prison of Southern Michigan, Respondent. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Neal Bush, Ernest Goodman, Detroit, Mich., W. Haywood Burns, New York City, for petitioner.
Frank J. Kelley, Atty. Gen. of Michigan, Robert A. Derengoski, Jann Ryan Baugh, Thomas L. Casey, Lansing, Mich., for respondent.
Before PHILLIPS, Chief Judge, and EDWARDS and PECK, Circuit Judges.
Petitioner-appellant perfected this appeal from an order of the district court denying his petition for habeas corpus relief, and the case has been submitted on the record on appeal and on the briefs and oral arguments of counsel. The petition, as does this appeal, represents a collateral attack on his conviction in a Michigan state court of first degree murder.
So far as they are pertinent to this opinion, the facts established by the record are that while appellant was serving a sentence for an unrelated offense in the State of New York, he was on June 27, 1968, brought back to Michigan pursuant to the Interstate Agreement on Detainers to face charges of assault with intent to commit murder and of first degree murder. He was indicted for both offenses, and a trial concluded on October 8, 1968, on the assault charge, resulted in his conviction of the lesser included offense of assault with intent to do bodily harm less than murder. Thereafter, a first degree murder trial was scheduled for October 23, 1968, but on October 11, 1968, appellant filed a petition for a writ of habeas corpus in the United States District Court for the Eastern District of Michigan and the state authorities continued the trial pending a determination of the habeas corpus action. The district court dismissed the habeas corpus petition on November 7th and in a trial conducted from December 16, 1968, to December 20, 1968, appellant was found guilty of first degree murder and sentenced to life imprisonment.
Following procedures not here material, appellant was returned to New York and then transported back to Michigan, where he is presently serving sentences imposed for the assault and murder convictions in the custody of the respondent-appellee.
It is concluded that appellant's contention that Michigan waived its right to imprison the appellant on the murder conviction when its authorities returned him to New York after he had begun serving the...
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...of Md., 445 F.Supp. 1216, 1219 (D.Md.1978); Stroble v. Egeler, 408 F.Supp. 630, 633-34 (E.D.Mich. 1976), rev'd on other grounds, 547 F.2d 339 (6 Cir. 1977), and Stroble v. Anderson, 587 F.2d 830 (6 Cir. 1978); Beebe v. Vaughn, 430 F.Supp. 1220, 1222-23 (D.Del.1977). Assuming a substantial j......
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