United States v. Maroney
Decision Date | 22 May 1964 |
Docket Number | Civ. A. No. 62-613. |
Parties | UNITED STATES of America ex rel. John L. HART v. James F. MARONEY, Superintendent, State Correctional Institution, Pittsburgh, Pennsylvania. |
Court | U.S. District Court — Eastern District of Pennsylvania |
J. S. Schuchert, Jr., and H. David Rothman, Pittsburgh, Pa., for relator.
The petitioner is now confined in the State Correctional Institution at Pittsburgh, Pennsylvania and serving a life sentence on a charge of murder.
His petition to this court is for a Writ of Habeas Corpus and appointment of counsel to represent him. Based upon the averments contained in his petition, he was allowed to proceed in forma pauperis and a rule was granted to show cause why a writ of habeas corpus should not be granted.
This Court appointed Joseph Schuchert, Esquire, as his attorney, but subsequently H. David Rothman, Esquire, entered his appearance for the petitioner and represented him by brief and at the hearing.
The questions here substantially are:
1. Did the evidence at the state trial establish that the killing by the defendant occurred in the perpetration of a robbery within the meaning of the Pennsylvania Felony Murder Rule?
2. Was the petitioner, as the defendant at his trial adequately represented by counsel?
3. Was the admission into evidence, at the state trial, of testimony from a transcribed tape recording of a conversation between the then defendant and the Prosecuting Attorney prejudicial to the petitioner?
These questions were presented and determined in an appeal to the Pennsylvania Supreme Court. Commonwealth v. Hart, Appellant, 403 Pa. 652, 170 A. 2d 850 (1961), cert. den. 368 U.S. 881, 82 S.Ct. 130, 7 L.Ed.2d 81.1
A concise résumé of the facts in the record, which I here adopt, is contained in the opinion of Mr. Chief Justice Bell. At page 655 of 403 Pa., page 852 of 170 A.2d, it is stated:
As to the first contention, the defense at the state trial was that the robbery by the defendant was a post induced act following the beating; that the defendant went to the victim's room not for the purpose of robbery, but only for the purpose of demanding of the victim an apology to the girl for whom the defendant had assumed an altruistic guardianship, that the beating occurred unintentionally when the victim went to the telephone to call for help; and that, only after the victim was unconscious on the floor, had the thought suddenly occurred and been acted upon to rob.
The Commonwealth of Pennsylvania within its sovereign power has defined the crimes of murder and robbery as felonies. It has also provided for punishment on conviction of either of these crimes.2 The Supreme Court of Pennsylvania has passed on the question here raised and similar questions on numerous occasions. In Commonwealth v. Stelma, 327 Pa. 317, at page 321, 192 A. 906, at page 908 (1937), faced with a case similar to this one stated:
Preservation of the public peace and good order is a sovereign power in a state. Amer.Juris., Const. Law, Section 245 et sequi. No federal question exists where judicial determination is made by a state within its sovereign jurisdiction and not in violation of the Federal Constitution. Home Tel. & Tel. Co. v. Los Angeles, 227 U.S. 278, 33 S.Ct. 312, 57 L.Ed. 510 (1913). Although it cannot be used to justify a violation of constitutional rights. Duckworth v. James, 4 C.A., 1959, 267 F. 2d 224. In the instant case the evidence is overwhelmingly convincing that the defendant went to the victim's room for the purpose of getting money from the victim. The appellant's contention raises only a question of fact which was properly determined at the trial of the case. No lack of due process appears in this connection. Commonwealth v. Hart, supra.
As to the second contention, did the defendant at the trial have adequate representation of counsel? The petitioner complains that the court-appointed counsel failed to consult with him, failed to obtain a material witness which the petitioner had requested him to do, and failed to prepare the petitioner's defenses.
The record discloses that the defendant before the trial had made requests for several named attorneys who refused or failed to represent him for one reason or another. Finally he asked for, and the judge allowed him the services of Attorney Armin H. Friedman.
Approximately a month later, the case was called for trial. On the morning of that day, it was reported to the assignment room judge that the defendant had become dissatisfied with his attorney and desired another one (H. David Rothman) then present in court. At page 4 of the transcript of the testimony this appears of record:
The record shows that there had been no understanding between Mr. Friedman and the District Attorney's office. It shows that Mr. Friedman had seen his client regularly, in fact, as he stated "every single day". The record also contains the comment by the court .
The judge then questioned the defendant further at page 10 of the transcript of testimony:
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