Palmer v. McCauley, 9018.
| Decision Date | 08 May 1939 |
| Docket Number | No. 9018.,9018. |
| Citation | Palmer v. McCauley, 103 F.2d 300 (9th Cir. 1939) |
| Parties | PALMER v. McCAULEY, Warden. |
| Court | U.S. Court of Appeals — Ninth Circuit |
J. R. Palmer, Walla Walla, Washington, in pro. per.
G. W. Hamilton, Atty. Gen., and W. A. Toner, Asst. Atty. Gen., for appellee.
Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.
Petitioner was convicted of the crime of grand larceny in the Superior Court of Spokane, Washington, and was sentenced to a term in the penitentiary.Thereafter petitioner applied to the Supreme Court of the State of Washington for a writ of habeas corpus, claiming (1) that the Superior Court of Spokane County had no jurisdiction to re-sentence1 him, there being no statute of the State of Washington providing for such procedure; and (2) that petitioner was deprived of counsel at the hearing upon the re-sentencing, and that he did not waive the same.The petition was denied and the decision was not appealed to the United States Supreme Court.
Thereafter the petitioner filed with the United States District Court for the Eastern District of Washington his petition for a writ of habeas corpus upon the grounds stated in his petition to the State Supreme Court.The petition was denied and this is an appeal from the order of denial.
We need not go into the merits of the controversy for it is well settled that whether or not a federal court will issue a writ of habeas corpus to release a prisoner held under a commitment from a state court is one of discretion.Ex parte Royall, 117 U.S. 241, 6 S.Ct. 734, 29 L.Ed. 868;Ex parte Fonda, 117 U.S. 516, 6 S.Ct. 848, 29 L.Ed. 994;Wood v. Brush, 140 U.S. 278, 11 S.Ct. 738, 35 L.Ed. 505.That discretion should be exercised in the light of the principles announced by the Supreme Court in Urquhart v. Brown, 205 U.S. 179, 27 S.Ct. 459, 51 L.Ed. 760, wherein it is held that the appropriate way to raise questions involving the validity of a...
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Hawk v. Olson
...8 Cir., 281 F. 657, 661; Ketcham v. State of Iowa, 8 Cir., 41 F.2d 38, 39, 40; Reed v. Madden, 8 Cir., 87 F.2d 846, 852; Palmer v. McCauley, 9 Cir., 103 F.2d 300, 301; United States ex rel. Murphy v. Murphy, 2 Cir., 108 F.2d 861, certiorari denied, Murphy v. Warden of Clinton State Prison, ......
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Mason v. Webb, 10431.
...Court of the United States." See also Ex parte Hammond, 9 Cir., 98 F.2d 794; Ex parte Penney, 9 Cir., 103 F.2d 27, 28; Palmer v. McCauley, 9 Cir., 103 F.2d 300, 301; Groseclose v. Plummer, 9 Cir., 106 F.2d 311, 312, certiorari denied 308 U.S. 614, 60 S.Ct. 264, 84 L.Ed. 513; Ex parte Jeffer......
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Barton v. Smith
...v. Mehlhorn, 9 Cir., 91 F.2d 1017; McCauley v. Palmer, 9 Cir., 91 F.2d 1017; Ex parte Melendez, 9 Cir., 98 F.2d 791, 792; Palmer v. McCauley, 9 Cir., 103 F.2d 300, 301; Kramer v. State of Nevada, 9 Cir., 122 F.2d 417, 418; Hogue v. Duffy, 9 Cir., 124 F.2d 864, 865, certiorari denied, 316 U.......
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Flansburg v. Kaiser
...* *." United States ex rel. Kennedy v. Tyler, supra 269 U.S. 13, 46 S.Ct. 3, 70 L.Ed. 138. See, also: Hawk v. Olson, supra; Palmer v. McCauley, 9 Cir., 103 F.2d 300; Urquhart v. Brown, 205 U.S. 179, 27 S.Ct. 459, 51 L.Ed. As it does not appear from the allegations of his petition that petit......