Mahurin v. Nash
| Decision Date | 20 September 1963 |
| Docket Number | No. 17428.,17428. |
| Citation | 321 F.2d 662 |
| Parties | Clarence MAHURIN, Petitioner, v. E. V. NASH, Warden, Missouri State Penitentiary, Respondent. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Before JOHNSEN, Chief Judge, and MATTHES, Circuit Judge.
Petitioner, a Missouri state prisoner, seeks to have us review the District Court's denial of a certificate of probable cause and to have such a certificate issued by a judge of this Court.
The District Court had denied petitioner's application for a writ of habeas corpus on its face, and refused his request for a certificate of probable cause to enable him to appeal. The Court's memorandum pointed out that petitioner had filed eight previous such applications presenting essentially the same questions, of which denials similarly had been made.
Disposition of those applications, however, occurred before Fay v. Noia, 372 U.S. 391, 83 S.Ct. 822, 9 L.Ed.2d 837, and Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770, so that the present application would not be entitled to be denied on the ground simply that the same questions were being urged again, unless it could be said that under the concepts and standards of the Noia and Townsend decisions the previous applications had been properly denied on their face, without need for hearing or response.
Petitioner's papers are prolix and largely unintelligible, but it appears that some of the things which he is endeavoring to claim are that he was mentally incompetent to stand trial from the truth serum, lysergic acid, and other drugs which had been administered to him; that entering into the sweep and result of his trial were previous torture inflictions upon him, drug administrations to him, and use of evidence which had been obtained by illegal search and seizure; further, that no witnesses were permitted to be called by him in defense; and, also, that the trial judge had entered the jury room to influence a verdict.
These and such other claims as petitioner may be undertaking to assert are general and conclusionary in their form, but he could, of course, have been required to set out the facts on which he purported to predicate them. Possibly this would have shown them to be without any possibility of substance or reality. Or, if a response had been directed to be made to the application, perhaps the files and records of the trial proceedings might conclusively have so demonstrated.
We do not intend, however, any speculation or implication in this regard. Apart from anything that has previously been said, we deem it unnecessary to look at or attempt to ferret out petitioner's various claims, for if any of them are of such stature as to render his conviction constitutionally invalid, and so to make it subject to federal habeas corpus power, he cannot on the papers which are before us be said to be yet in a position to seek to have his contentions considered by a federal court.
It is not shown or suggested that he has ever undertaken to file a proceeding under Rule 27.26 Mo.Sup.Ct. Rules of Criminal Procedure, V.A.M.R., which appears on its face to be available at any time to deal with claims of "right to be released on the ground that * * * sentence was imposed in violation of the Constitution * * * of...
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