United States ex rel. Jones v. Richmond
| Decision Date | 15 May 1957 |
| Parties | UNITED STATES ex rel. Horace JONES, Petitioner, v. Mark S. RICHMOND, Warden, Connecticut State Prison, Respondent. |
| Court | U.S. Court of Appeals — Second Circuit |
Before CLARK, Chief Judge, LUMBARD, Circuit Judge, and LEIBELL, District Judge.
There is some question here whether relator, now raising new issues, has exhausted his state remedies as to them. In any event we do not think he makes a showing of federal questions adequate to deserve encouragement to proceed further. The record of the state hearing discloses careful consideration and representation in his behalf by the Public Defender, a responsible state official. On the issue of the tribunal to determine the degree of his guilt, Judge Cotter of the State Superior Court has carefully examined the authorities with the identical result stated by Judge Smith in a companion case to this which we have just recently affirmed. U. S. ex rel. Oakley v. Cummings, 2 Cir., Feb. 15, 1957, affirming denial of habeas corpus on the memorandum-decision of Judge Smith, rehearing denied, 2 Cir., March 12, 1957.
Accordingly the motion for a certificate of probable cause is denied and the appeal is therefore dismissed.
To continue reading
Request your trial
-
U.S. v. Smith
...to deserve encouragement to proceed further.' " Gordon v. Willis, 516 F.Supp. 911, 913 (ND Ga.1980) (quoting United States ex rel. Jones v. Richmond, 245 F.2d 234 (CA2); cert. denied, 355 U.S. 846 [78 S.Ct. 71, 2 L.Ed.2d 56] Barefoot v. Estelle, 463 U.S. 880, 893 n. 4, 103 S.Ct. 3383, 3394 ......
-
Barefoot v. Estelle
...to deserve encouragement to proceed further.' " Gordon v. Willis, 516 F.Supp. 911, 913 (ND Ga.1980) (quoting United States ex rel. Jones v. Richmond, 245 F.2d 234 (CA2), cert. denied, 355 U.S. 846, 78 S.Ct. 71, 2 L.Ed.2d 56 (1957)). 5. In this case, no evidence was offered by petitioner at ......
-
Zuern v. Tate
...32 L.Ed.2d 126 (1972)). We also quoted with approval Gordon v. Willis, 516 F.Supp. 911, 913 (N.D.Ga.1980) (citing United States ex rel. Jones v. Richmond, 245 F.2d 234(CA2), cert. denied, 355 U.S. 846, 78 S.Ct. 71, 2 L.Ed.2d 56 (1957)), which explained that in order to make a substantial sh......
-
Santana v. Kuhlmann
...to deserve encouragement to proceed further.'" Gordon v. Willis, 516 F.Supp. 911, 913 (N.D.Ga.1980) (quoting United States ex. rel. Jones v. Richmond, 245 F.2d 234 (2d Cir.1957)), cert. denied, 355 U.S. 846, 78 S.Ct. 71, 2 L.Ed.2d (1957). The Court certifies pursuant to 28 U.S.C. § 1915(a)(......