Application Of Janiec.
| Decision Date | 13 April 1948 |
| Docket Number | No. 276.,276. |
| Citation | 137 N.J.L. 94,58 A.2d 543 |
| Parties | Application of JANIEC. |
| Court | New Jersey Supreme Court |
OPINION TEXT STARTS HERE
Habeas corpus proceeding by Lawrence Janiec. On application for writ of certiorari to review action of Judge of the Mercer County Court of Common Pleas refusing writ of habeas corpus.
Application denied.
January term, 1948, before DONGES, COLIE and EASTWOOD, JJ.
Lawrence Janiec, See Title in pro. per.
Prosecutor is confined in state prison upon conviction and sentence for a high misdemeanor. In November, 1946, he was tried in the Court of Quarter Sessions of Monmouth County, was found guilty of robbery and, on December 11, 1946, was sentenced to life imprisonment as a habitual offender. Prosecutor seeks certiorari to review the action of the Judge of the Mercer County Court of Common Pleas in refusing him a writ of habeas corpus to review his sentence under the habitual criminal act. N.J.S.A. 2:103-10.
Upon the record before us we are of opinion that it appears that the Court of Quarter Sessions of Monmouth County had jurisdiction to render the judgment of conviction. The challenge is only as to the sentence imposed.
In re Scridlow, 124 N.J.L. 342, 11 A.2d 837, 838, holds:
We conclude that the refusal of a writ of habeas corpus was not erroneous and no debatable question appears for review by certiorari. The application is denied.
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Janiec v. McCorkle, s. A--124
...County Court of Common Pleas. The writ was denied and the denial upheld by the Supreme Court, the opinion being reported In re Janiec, 137 N.J.L. 94, 58 A.2d 543 (1948), in which the court said his remedy was by appeal. He appeared Pro se in this proceeding. The United States Supreme Court ......
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State v. Janiec
...of Common Pleas for a writ of habeas corpus was denied and the denial affirmed on appeal to the former Supreme Court, In re Janiec, 137 N.J.L. 94, 58 A.2d 543 (Sup.Ct.1948); certiorari denied, 336 U.S. 939, 69 S.Ct. 742, 93 L.Ed. In the case Sub judice, the defendant's application to the Me......
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State v. La Battaglia, A--105
...State v. Cynkowski, 19 N.J.Super. 243, 88 A.2d 220 (App.Div.1952); affirmed 10 N.J. 571, 92 A.2d 782 (1952); In re Janiec, 137 N.J.L. 94, 58 A.2d 543 (Sup.Ct.1948). In a very illuminating and instructive opinion by Chancellor Walker in the case of In re Davis, supra, (107 N.J.Eq. 160, 152 A......
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State v. Weeks, A--59
...and identical with the first sentence of the Federal Rule. It represents a departure from our former practice (In re Janiec, 137 N.J.L. 94, 95, 58 A.2d 543 (Sup.Ct. 1948) certiorari denied 336 U.S. 939, 69 S.Ct. 742 (1949)) and affords to the defendant liberal opportunity to apply for corre......