From Casetext: Smarter Legal Research

United States ex Rel. Epton v. Nenna

United States Court of Appeals, Second Circuit
Jan 11, 1966
355 F.2d 14 (2d Cir. 1966)

Opinion

No. 279, Docket 30228.

Argued January 7, 1966.

Decided January 11, 1966.

Joseph A. Phillips, Asst. Dist. Atty., New York County, N.Y., for respondent-appellee.

Eleanor Jackson Piel, of Donner Piel, New York City (Sanford M. Katz, New York City, on the brief), for petitioner-appellant.

Before MOORE, SMITH and ANDERSON, Circuit Judges.


Petitioner was convicted on December 20, 1965, after a trial before Mr. Justice Markewitch and a jury in the New York Supreme Court of conspiracy to riot, conspiracy to commit anarchy and anarchy. Bail was denied by the Justice; sentence was set for January 27, 1966. Petitioner has concededly made no effort to seek relief from this denial in the State courts. Instead an application was made for a writ of habeas corpus to a judge of the United States District Court. The application was denied upon the ground that petitioner had failed to exhaust state remedies. This court accelerated the appeal which was heard on January 7, 1966.

Although petitioner sets forth many points of alleged error in the state court trial, these are matters for correction (if errors they be) in the state courts. Petitioner claims that New York has no procedure for reviewing the denial of bail between conviction and sentence. Judge Tenney in a well-reasoned opinion had serious doubts as to "whether petitioner has authoritatively shown the nonexistence of any remedies." Despite the suggestion of this court earlier in the week that such remedies be sought, no effort was made to seek relief in the state courts. The facts of this case do not warrant intervention by the federal courts to overrule the discretion exercised by a state court Justice before whom the case was tried and who has not yet imposed sentence.

Dismissal of the writ affirmed.


Summaries of

United States ex Rel. Epton v. Nenna

United States Court of Appeals, Second Circuit
Jan 11, 1966
355 F.2d 14 (2d Cir. 1966)
Case details for

United States ex Rel. Epton v. Nenna

Case Details

Full title:UNITED STATES of America ex rel. William EPTON, Petitioner-Appellant, v…

Court:United States Court of Appeals, Second Circuit

Date published: Jan 11, 1966

Citations

355 F.2d 14 (2d Cir. 1966)

Citing Cases

Avent v. Peyton

Errors (if there are in fact errors) in a state trial are matters for correction in the state courts. United…