Dorsey v. MASCHMANN, 76-954C(4).
| Decision Date | 11 January 1977 |
| Docket Number | No. 76-954C(4).,76-954C(4). |
| Parties | Eddie DORSEY, Jr., Petitioner, v. Elmer MASCHMANN, Clerk of Court of Franklin County, Missouri, et al., Respondents. |
| Court | U.S. District Court — Eastern District of Missouri |
Eddie Dorsey, Jr., pro se.
Paul Robert Otto, Asst. Atty. Gen., State of Missouri, Jefferson City, Mo., for Richard Vermillion.
Joseph R. Aubuchon, Asst. Pros. Atty., Franklin County, Union, Mo., for Tate, Maschmann and Schroeder.
This action is before the Court upon the responses of respondents Elmer Maschmann, Clerk of the Circuit Court of Franklin County, Missouri; the Honorable Joseph T. Tate, Circuit Judge of Franklin County; Donald E. Schroeder, Sheriff of Franklin County; and Richard Vermillion, Chairman of the Missouri State Office of Probation and Parole. Petitioner Eddie Dorsey, Jr. commenced this action in forma pauperis as one for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner, a Wisconsin state prisoner, seeks the withdrawal of a Missouri arrest warrant as a detainer against him in the Wisconsin prison. He does not seek release from his imprisonment.
In his petition Dorsey alleges that he was convicted of burglary and stealing in the Circuit Court of Franklin County, Missouri, on April 3, 1970. He was sentenced to two three-year terms of imprisonment, but execution of the sentence was suspended. He was then placed on probation for five years. In February, 1973 petitioner's probation was transferred to Wisconsin.
On November 21, 1974 petitioner was convicted in a Wisconsin state court of two counts of armed robbery and was sentenced to concurrent terms of five years and twelve years in the Wisconsin state prison.
On May 9, 1975 a Missouri probation violation arrest warrant was served upon petitioner in the Wisconsin prison as a detainer against him. The warrant was issued by the Clerk of the Circuit Court of Franklin County and states in part as follows:
You are hereby commanded to arrest: Eddie Dorsey, Jr., who is charged with violating the conditions of his Probation, granted in this case no. 7299, on the 3rd day of April, 1970 following his plea of guilty to and his conviction of the Charge of Burglary in the second degree and stealing in connection with said burglary; and wherein, he was sentenced to the term of Three (3) years in the custody of the Department of Corrections, State of Missouri for burglary and wherein, he was sentenced to the term of Three (3) years in the custody of the Department of Corrections, State of Missouri for the stealing in connection with said burglary in the second degree on the 3rd day of April, 1970 and wherein on the 3rd day of April, 1970, he was placed on Probation, upon the conditions of the Order of Probation, for a period of Five (5) years, unless extended, revoked or released, and wherein on the 3rd day of April, 1970 the Probationer was by the Court placed under the supervision of the State Probation Officer of the State of Missouri; Wherefore, on this 17th day of March, 1975 it is by the Court ordered that this Capias Warrant for Arrest be issued, the above violations of the probation are alleged to have been committed within the jurisdiction of this court and in violation of the laws of the State of Missouri, and to bring him forthwith before this court to be here dealt with in accordance with law; and you, the officer serving this warrant, shall forthwith make return hereof to this court.
A copy of the arrest warrant is attached to the petition.
Petitioner claims that he is being deprived of due process in violation of the Fourteenth Amendment because the warrant does not set forth the probation violations upon which the warrant was issued. He argues that,...
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