United States of America Ex Rel. Clifford L. Burgett, Relator-Appellant v. Walter H. Wilkins, Warden of Attica State Prison, and The People of The State of New York, 283 F.2d 306, 2d Cir. (1960)
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Scribd Government DocsUnited States of America Ex Rel. Clifford L. Burgett, Relator-Appellant v. Walter H. Wilkins, Warden of Attica State Prison, and The People of The State of New York, 283 F.2d 306, 2d Cir. (1960)
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Scribd Government Docs283 F.
2d 306
UNITED STATES of America ex rel. Clifford L. BURGETT,
Relator-Appellant,
v.
Walter H. WILKINS, Warden of Attica State Prison, and The
People of the State of New York, Respondents-Appellees.
No. 44, Docket 26279.
United States Court of Appeals Second Circuit.
Argued Sept. 26, 1960.
Decided Oct; 13, 1960.
Clifford L. Burgett, pro se.
George K. Bernstein, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen.,
Paxton Blair, Sol. Gen., Albany, N.Y., Irving Galt, Asst. Sol. Gen., New
York City, on the brief), for respondents-appellees.
Before LUMBARD, Chief Judge, and TUTTLE1 and FRIENDLY, Circuit
judges.
PER CURIAM.
Relator, who seeks to attack his New York State conviction for abduction
entered upon his plea of guilty, has not offered any excuse for his failure to
exhaust state remedies by applying to the United States Supreme Court for a
writ of certiorari to review the denial of his coram nobis applications, other
than his lack of knowledge of the requirement. Relator was represented by
assigned counsel in both of his collateral attacks upon his conviction in the state
courts. Moreover, although he now alleges that his assigned counsel, in one of
the collateral attacks, was 'unfaithful' in failing to exhaust state judicial
remedies, he has failed to raise this in the state courts.
In any event, the relator's claim that he was illegally arrested by a local police
officer raises no federal question. The legality of the arrest is immaterial in
view of the subsequent indictment. Even where illegality is conceded, habeas
corpus does not lie to release a prisoner who has been convicted, as appellant
was, after an indictment by a grand jury has established a sufficient basis for
holding him for trial. See Price v. Johnston, 9 Cir., 1944, 144 F.2d 260; cf.
Frisbie v. Collins, 1952, 342 U.S. 519, 72 S.Ct. 509, 96 L.Ed. 541. Nor are the
relator's vague references to a confession sufficient to raise any federal
question.
Sitting by designation
