Newman v. State of Missouri
Decision Date | 30 September 1974 |
Docket Number | Civ. A. No. 20441-3. |
Citation | 394 F. Supp. 83 |
Court | U.S. District Court — Western District of Missouri |
Parties | John Henry NEWMAN, Petitioner, v. STATE OF MISSOURI, Respondent. |
COPYRIGHT MATERIAL OMITTED
Robert D. Kingsland, Jefferson City, Mo., for petitioner.
Preston Dean, Asst. Atty. Gen., Jefferson City, Mo., for respondent.
FINAL JUDGMENT DENYING PETITION FOR A WRIT OF HABEAS CORPUS
This is a petition for a writ of federal habeas corpus by an individual formerly1 in custody at the Missouri State Penitentiary at Jefferson City, Missouri. Petitioner seeks an adjudication that his conviction and sentence were illegally secured and imposed upon him in violation of his federal constitutional rights. Petitioner requests leave to proceed in forma pauperis. Leave to proceed in forma pauperis has been granted by prior order of this Court on July 20, 1972.
Petitioner states that he was convicted upon his plea of guilty in the Circuit Court of Greene County, Missouri, of first degree robbery; that he was sentenced on that conviction on February 21, 1969, to a term of seven years imprisonment; that he did not appeal from the judgment of conviction and imposition of sentence; that he filed a motion in the Circuit Court of Greene County to vacate the judgment of conviction and sentence under Missouri Criminal Rule 27.26, V.A.M.R., which was voluntarily withdrawn by the petitioner on October 22, 1969; that he subsequently filed a second motion in the Circuit Court of Greene County to vacate the judgment of conviction and sentence under Missouri Criminal Rule 27.26; that petitioner's second 27.26 motion was overruled without an evidentiary hearing on March 31, 1971; that he then filed a petition for a writ of federal habeas corpus in this Court, which was dismissed without prejudice for failure to exhaust state remedies on August 5, 1971, in Newman v. Swenson, Civil Action No. 19600-3 (W.D.Mo. August 5, 1971); that he appealed the denial of his second 27.26 motion to the Missouri Supreme Court, which affirmed the decision of the Circuit Court of Greene County on June 12, 1972, in Newman v. Missouri, 481 S.W.2d 3 (Mo.Sup. 1972); that he was represented by counsel at his arraignment and sentencing; and that he was also assisted by counsel in the preparation and presentation of his two motions to vacate under Missouri Rule 27.26.
Petitioner states the following grounds on which he bases his claim that his conviction and sentence were illegally secured and imposed upon him in violation of his federal constitutional rights:
Petitioner states the following as facts in support of his claim that his conviction and sentence were illegally secured and imposed upon him in violation of his federal constitutional rights:
On July 20, 1974, this Court entered an order granting the petitioner leave to proceed in forma pauperis and directing the respondent to show cause why the petition herein for a writ of habeas corpus should not be granted.
Following the filing of a motion for an extension of time to file a response and the grant thereof by order of this Court dated August 10, 1972, counsel for respondent filed herein on August 10, 1972, his response to the order to show cause, therein stating that petitioner had exhausted his currently available and adequate state court remedies with respect to the contentions raised in the petition herein. As part of the response, counsel for respondent attached and submitted photocopies of the following documents: (1) the transcript of the record on appeal to the Missouri Supreme Court with respect to the appeal from the denial by...
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Manis v. Wyrick
...... when he has not exhausted his available remedies in the courts of Tennessee." Then Chief Judge Becker's opinion in Newman v. State, 394 F.Supp. 83 (W.D.Mo. 1974) is cited in further support of the State's argument that a federal district court is not required to accept a State prisoner'......
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Donaldson v. Wyrick, Civ. A. No. 73CV332-W-3.
...denied, 293 U.S. 615, 55 S.Ct. 148, 79 L. Ed. 704 (1934); United States v. Tobin, 429 F.2d 1261, 1265 (8th Cir. 1970); Newman v. Missouri, 394 F.Supp. 83 (W.D.Mo.1974). Furthermore, even assuming error on the part of the sentencing Judge, petitioner is not entitled to habeas corpus relief h......
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Holmes v. Israel, 77-C-247.
...alone cannot constitute grounds for habeas corpus relief, and a state sentence will not lightly be set aside. Newman v. State of Missouri, 394 F.Supp. 83 (W.D.Mo. 1974). The petitioner relies upon United States v. Rogers, 504 F.2d 1079 (5th Cir. 1974) cert. denied 422 U.S. 1042, 95 S.Ct. 26......