Dolan v. Alvis, 11186.
| Decision Date | 19 January 1951 |
| Docket Number | No. 11186.,11186. |
| Citation | 186 F.2d 586 |
| Parties | DOLAN v. ALVIS et al. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Donald Dolan, in pro per.
Herbert S. Duffy, Atty. Gen., and Frank J. Battisti, Asst. Atty. Gen., Alan Schwarzwalder, Columbus, Ohio, for appellees.
Before ALLEN, McALLISTER and MILLER, Circuit Judges.
Appellant filed a petition for a writ of habeas corpus in the district court, setting forth that he had been convicted of crime in the Court of Common Pleas of Hamilton County, Ohio; that he had been denied legal and lawful arraignment prior to his trial; that he had been denied the right to contact and consult counsel; that he was not lawfully indicted; that he was denied compulsory process for obtaining witnesses in his favor; that he was denied the right to examine jurors on his trial to determine their fairness and impartiality; and that he was denied due process of law and the equal protection of the law from the time of his arrest on May 25, 1945, to the date of filing his petition for a writ of habeas corpus on February 6, 1950, all of the foregoing being in violation of the federal Constitution. Petitioner further alleged that he had exhausted all his available remedies in the courts of the State of Ohio; that while he had appealed his conviction to the Court of Appeals, and that court had affirmed the conviction, petitioner subsequently filed in the Court of Appeals a notice of appeal to the Ohio Supreme Court, but that he was thereafter denied access to that court; that he attempted to file a petition for a writ of habeas corpus in the Court of Common Pleas of Franklin County, Ohio, on six different dates during 1946, 1947, and 1948, and was denied access to that court; that he further attempted to file a petition for a writ of habeas corpus in the Court of Appeals of Ohio on four different occasions during 1946, 1947, and 1948, and was denied access to that court; and that he attempted to file a petition for a writ of habeas corpus in the Supreme Court of Ohio on six different dates during 1946, 1947, 1948, and 1949, and was denied access to that court because it was required that the docket fees for filing such petition must be paid in advance and that petitioner had no funds to make such payment, and according to the rules of that court, he was not permitted to proceed in forma pauperis.
Respondent warden and the State of Ohio filed no answers to the petition for the writ of habeas corpus, and it was thereafter denied by the district court in a pro forma order dated ...
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...were informed that because of the tragic injury and death of the mother of the District Attorney he was unable to appear. 3 Dolan v. Alvis, 6 Cir., 1951, 186 F.2d 586, certiorari denied 342 U.S. 906, 72 S.Ct. 298, 96 L.Ed. 678, and Ex parte Roberts, D.C.W.D.Va.1945, 61 F.Supp. 864, were cit......
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...v. O'Brien, 1 Cir., 181 F.2d 601, 604-605; O'Brien v. Lindsey, 1 Cir., 204 F.2d 359; Robbins v. Green, 1 Cir., 218 F.2d 192; Dolan v. Alvis, 6 Cir., 186 F.2d 586; Sims v. Alvis, 6 Cir., 242 F.2d 506; Shook v. State of Ohio, 6 Cir., 274 F.2d 853. And we have difficulty in squaring the conclu......
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