United States v. Myers
Decision Date | 28 September 1964 |
Docket Number | Misc. No. 2702. |
Citation | 234 F. Supp. 239 |
Parties | UNITED STATES of America ex rel. William A. WAGNER v. David N. MYERS, Superintendent State Correctional Institution, Graterford, Pennsylvania. |
Court | U.S. District Court — Eastern District of Pennsylvania |
Joyce Ullman, Philadelphia, Pa., for relator.
James C. Crumlish, Jr., Dist. Atty., John F. Hassett, Asst. Dist. Atty., Philadelphia, Pa., for respondent.
In this habeas corpus petition, relator, a state prisoner, asserts among other contentions that his court-appointed attorneys were not present in court when, in 1947, he was sentenced to life imprisonment following a plea of guilty to a general charge of murder. Relator contends that the absence of counsel at this sentencing violated his constitutional rights.
Relator has exhausted his state remedies. Commonwealth ex rel. Wagner v. Myers, Court of Common Pleas of Philadelphia County, June Term, 1963, No. 5266, aff'd 414 Pa. 35, 198 A.2d 540 (1964). This court directed the respondent to show cause why the writ of habeas corpus should not be granted and appointed counsel to represent relator. A hearing has been held in this court at which relator was present, assisted by counsel, and testified at length. The bills on which relator was indicted as well as the transcript of the state court hearings in 1947 were made a part of the record of this case.
Relator was indicted on July 16, 1947 for murder and manslaughter. On that same day relator executed an "affidavit of Destitute Circumstances * * *" and requested the appointment of counsel to assist him. On July 21, 1947, the state court assigned two attorneys to defend him. On September 4, 1947, before a three-judge court, relator, being represented by counsel, entered a plea of guilty to murder generally. Thereupon, three judges sat and heard evidence to determine the degree of guilt. The Commonwealth and defense presented evidence on this issue but no decision on the degree of guilt or sentence was rendered at this September 4th hearing. On September 12, 1947, relator was brought into court and sentenced to life imprisonment. The state court record does not indicate that relator's attorneys were present in court at this time. The entire transcript of the September 12th proceeding is as follows:
Also in evidence is the murder bill of indictment on which is endorsed the following:
Relator testified at the habeas corpus hearing in this court that his court-appointed attorneys were not present in the state court on September 12, 1947 and that he did not see or hear from his attorneys after the September 4th hearing. As pointed out above, the state transcript does not indicate that any attorney was present in court when relator was sentenced. The attorneys who participated in the 1947 proceedings did not testify in this court since it appears that they were deceased at the time of the hearing in this court. The Commonwealth offered no evidence to show that any attorneys were present in court when relator was sentenced.
The Supreme Court of Pennsylvania, in its opinion disposing of...
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