King v. Tinsley
| Decision Date | 13 September 1965 |
| Docket Number | No. 21615,21615 |
| Parties | William Richard KING, Plaintiff in Error, v. Harry C. TINSLEY, Warden of the Colorado State Penitentiary, Defendant in Error. |
| Court | Colorado Supreme Court |
William Richard King, pro se.
Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Robert C. Miller, Asst. Atty. Gen., Denver, for defendant in error.
This writ of error is directed to the trial court's denial of King's petition for a writ of habeas corpus. Originally, King pled guilty to a charge of illegal possession of narcotics. In his present petition he alleges that the evidence of the crime was obtained as a result of an unreasonable search and seizure and that his counsel at trial knew this but nevertheless 'induced' him to enter a plea of guilty.
Where a petition for habeas corpus itself shows that the party can neither be discharged nor admitted to bail nor in any other manner be relieved, the trial court should summarily deny the petition. C.R.S.1963, 65-1-1; Bizup v. Tinsley, Colo., 393 P.2d 556. King's petition raises no question of the trial court's jurisdiction of the person or of the offense or of the sentence not being within the limits prescribed by law. Habeas corpus, therefore, is not the proper remedy for redress of his alleged grievance. Specht v. Tinsley, 153 Colo. 235, 385 P.2d 423; Titmus v. Tinsley, 153 Colo. 96, 384 P.2d 728.
The judgment is affirmed.
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Reed v. People
...added). If a petition for a writ of habeas corpus is insufficient on its face, a court is correct in denying it. King v. Tinsley, 158 Colo. 99, 100, 405 P.2d 689, 690 (1965). If a petition establishes a prima facie case, the petitioner is then entitled to a hearing. Osborne v. Van Cleave, 1......
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Andretti v. Johnson
...for habeas corpus is insufficient on its face, a court is correct to deny it. Reed, 745 P.2d at 238 (citing King v. Tinsley, 158 Colo. 99, 100, 405 P.2d 689, 690 (1965)). We hold that the district court correctly dismissed petitioner's request for habeas corpus The facts upon which petition......
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Ryan v. Cronin, 27201
...that a hearing on a writ of habeas corpus may not be used as a basis for reviewing issues resolved by another court. King v. Tinsley, 158 Colo. 99, 405 P.2d 689 (1965); Johnson v. Tinsley, 155 Colo. 346, 394 P.2d 842 The remedy available to Ryan after he was found in contempt and sentenced ......