Ronzzo v. Sigler
| Decision Date | 28 June 1965 |
| Docket Number | No. 17911.,17911. |
| Citation | 346 F.2d 565 |
| Parties | Virgil M. RONZZO, Appellant, v. Maurice SIGLER, Warden of Nebraska Penal and Correctional Complex, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Robert R. Gibson, Lincoln, Neb., for appellant.
Clarence A. H. Meyer, Atty. Gen., of Nebraska, and C. C. Sheldon, Asst. Atty. Gen., Lincoln, Neb., for appellee.
Before VOGEL, MATTHES and RIDGE, Circuit Judges.
The basic issue presented in this petition for a writ of habeas corpus by a Nebraska state prisoner was succinctly stated in the District Court by Judge Van Pelt to be: "* * * whether the denial of counsel at a probable cause hearing is a denial of procedural due process where a defendant is not required to plead or take any other steps which might affirmatively prejudice his rights." Ronzzo v. Sigler, D.C.Neb., 1964, 235 F.Supp. 839, 840. The application for writ was denied, the District Court holding that the defendant, in a state proceeding, was not prejudiced by being deprived of counsel at the preliminary hearing, nor was the defense of his cause by subsequent court-appointed counsel jeopardized where the only purpose for the preliminary hearing inured to the defendant's benefit.
A preliminary hearing in Nebraska is for the purpose of determining whether the offense charged has been committed and whether there is probable cause to believe the defendant committed it. It is, as Judge Van Pelt states at page 840 of 235 F.Supp., "* * * a procedural safeguard whereby it is assured to all accused of crime that they will not be detained in custody without probable cause existing that the crime charged was committed by them." In addition to not being required to plead at the preliminary hearing, petitioner was asked no questions and made no admissions. He lost nothing and was prejudiced in no way.
In White v. State of Maryland, 1963, 373 U.S. 59, 83 S.Ct. 1050, 10 L.Ed.2d 193, a case strongly relied upon by the appellant here, the petitioner pleaded guilty when arraigned at a preliminary hearing. At his trial, the plea of guilty made at the preliminary hearing was introduced into evidence. He did not have counsel at the time of the preliminary hearing and he subsequently contended that Hamilton v. State of Alabama, 1961, 368 U.S. 52, 82 S.Ct. 157, 7 L.Ed.2d 114, applied. The Supreme Court upheld this contention, saying at page 60 of 373 U.S., 83 S.Ct. at page 1051:
In the present case, Ronzzo had counsel appointed for him four days after the preliminary...
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