Sawyer v. Duffy
Decision Date | 23 May 1945 |
Docket Number | No. 24690.,24690. |
Citation | 60 F. Supp. 852 |
Parties | SAWYER v. DUFFY. |
Court | U.S. District Court — Northern District of California |
Fred D. Goss, of San Rafael, Cal., for petitioner.
Robert W. Kenny, Atty. Gen., of California, and David K. Lener, Deputy Atty. Gen., for respondent.
Petitioner, who is confined in the California State Prison at San Quentin, has filed a verified petition for a writ of habeas corpus upon the ground that he was denied a public trial as provided for by the VI Amendment to the Constitution of the United States.
On September 24, 1936 petitioner was convicted in the Superior Court of the State of California in and for the County of Los Angeles for violation of § 288 of the Penal Code of the State of California ( ). It is alleged in the petition that
It is also alleged in the petition that "an application for a Writ of Habeas Corpus was filed in the Superior Court of the State of California in and for the County of Marin on July 27, 1944; in the District Court of Appeal in the State of California, in and for the First Appellate District, Division One, on August 29, 1944, and in the Supreme Court of the State of California on November 14, 1944; that all of said Writs were denied."
Respondent objects to the jurisdiction of this court and cites as authority a case decided by this court on April 19, 1941, J. Frank Hogue v. Clinton T. Duffy, Warden, San Quentin Penitentiary,1 No. 23463-S, in which this court said: That case may be distinguished from the case at bar. In that case the petition for writ of habeas corpus was denied by the State Supreme Court on March 17, 1941, and petitioner filed his petition for a writ of habeas...
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