UNITED STATES EX REL. NOYER v. Brierley, Civ. A. No. 70-1269.
| Decision Date | 05 January 1971 |
| Docket Number | Civ. A. No. 70-1269. |
| Parties | UNITED STATES of America ex rel. Ronald J. NOYER, C-6068 v. Joseph R. BRIERLEY. |
| Court | U.S. District Court — Eastern District of Pennsylvania |
Ronald J. Noyer, pro se.
William E. Pfadt, Dist. Atty., Erie County, Erie, Pa., for respondent.
In this habeas corpus proceeding filed by a State prisoner, the Court has called for and reviewed the entire records relative to relator's State criminal proceedings. Although state remedies have not been exhausted by the relator, he has urged that his remaining State remedies have been and continue to be ineffective for the alleged reason that various court-appointed counsel have thwarted his attempts to appeal from the denial of relief in a post-conviction proceeding in the sentencing court. It is unnecessary to determine the validity of relator's assertion, since relief must be denied on the merits. See United States ex rel. Kelly v. Maroney, 414 F.2d 1228 (3d Cir. 1969).
Relator was arrested in September of 1958 upon charges of burglary, larceny and receiving stolen goods arising out of six different thefts occurring between May 26, 1958 and August 25, 1958. Shortly after his arrest, relator conferred with his privately retained counsel, one Lawrence Nelson, Esquire. A Sanity Commission was convened on October 27, 1958, at which time relator was represented by Mr. Nelson. Upon finding relator incompetent to stand trial, the Commission committed him to Farview State Hospital. On October 28, 1958, the day following the Sanity Commission hearing, relator was indicted at Nos. 12-17 O. & T., November Sessions 1958, in the Court of Common Pleas of Erie County, Pennsylvania, upon the charges for which he had been arrested.
Relator remained at Farview until June 10, 1960, when he was released to penal custody. Upon request of the relator, Mr. Nelson withdrew as counsel and relator retained one John McLaughlin, Esquire, who first conferred with him in late July or early August, 1960. Appearing with counsel before the sentencing court on September 1, 1960, relator entered pleas of guilty to Nos. 12-17 November Sessions 1958. On November 14, 1960, following a sentencing hearing at which relator also was represented by Mr. McLaughlin, the sentencing court imposed consecutive sentences of eleven and one-half to twenty-three months imprisonment on Nos. 12 and 13. Sentencing was deferred upon Nos. 14 through 17. No appeal was taken from the judgments of conviction and sentence.
Having received credit upon his sentences for the time spent at Farview, relator was released on November 19, 1960. He was rearrested and subsequently indicted at No. 155 O. & T. February Term 1961 for burglary, larceny and receiving stolen goods arising out of a theft committed on January 12, 1961. Relator appeared before the sentencing court with his counsel, Mr. McLaughlin, on April 17, 1961, and entered a plea of guilty to this latest indictment. On the same day, relator was sentenced to five to ten years imprisonment at No. 155 O. & T. February Term 1961; one to three years imprisonment at No. 14 O. & T. November Sessions 1958 (consecutive with No. 155); and one to three years imprisonment on each of Nos. 15-17 O. & T., November Sessions 1958 (concurrent with each other, consecutive with No. 14).
In the instant habeas corpus proceeding, relator challenges the criminal proceedings at Nos. 12-17 O. & T. November Sessions 1958 and No. 155 O. & T. February Term 1961. On February 28, 1967, relator was accorded an evidentiary hearing by the sentencing court upon two Post Conviction Hearing Act Petitions filed therein. At the hearing, relator advised that he had no intention of challenging the conviction at No. 155 O. & T. February Term 1961. This constituted a deliberate by-pass of State remedies with respect to said conviction, and this Court therefore will not entertain relator's challenge to said conviction now. Fay v. Noia, 372 U.S. 391, 83 S.Ct. 822, 9 L.Ed.2d 837 (1962).
There remains for consideration relator's challenge to the criminal proceedings at Nos. 12-17 O. & T. November Sessions 1958. Since he entered pleas of guilty to these indictments, his attack is limited to questions of the jurisdiction of the sentencing court, the voluntariness of the pleas and the legality of the sentences imposed. Relator does not question the legality of the sentences imposed. He does raise issues of jurisdiction and the validity of his pleas of guilty. The facts relevant to these issues have been developed in the evidentiary hearing conducted by the sentencing court on February 28, 1967. Relator was represented by counsel at the hearing.
Relator first challenges on jurisdictional grounds the power of the Grand Jury to return indictments against him on the day subsequent to which he was found incompetent to stand trial by a Sanity Commission. This challenge must fail. A determination that a defendant is incompetent to stand trial does not deprive the court of jurisdiction over him. Syphers v. Gladden, 230 Or. 148, 368 P.2d 942, 21 Am. Jur.2d § 72, p. 155. The Grand Jury did not lose jurisdiction to return indictments against relator by virtue of his previously having been found incompetent to stand trial.
Relator also raises the more fundamental question of the voluntariness of his pleas of guilty entered on ...
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