[DOWNLOAD] "Conner v. anderson" by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free

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eBook details

• Title: Conner v. anderson
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 30, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Appellant, Michael E. Conner, was convicted, upon a guilty plea to a charge of open murder and after a bench hearing to determine the circumstances of the murder, of first degree murder in a Michigan circuit court in 1962. After unsuccessfully pursuing a delayed motion for a new trial in the circuit court and the Michigan appellate courts in 1965 and 1966, Conner filed, pro se, a habeas petition in the United States District Court for the Eastern District of Michigan. Judge Stephen J. Roth, in an opinion filed on August 31, 1970, concluded that, of Conners various contentions, the only ones as to which he had exhausted his state remedies was the contention that his confession had been illegally obtained and that he had been denied benefit of counsel. Judge Roth then, based on the transcript of the arraignment, of the taking of the guilty plea, and of the evidence introduced on the issue whether Conners plea of guilty to an open murder charge should be determined to be first degree murder, concluded (1) that the confession was not illegally obtained since this was pre-Miranda and the confession was freely and voluntarily given and (2) that Conner had not been denied counsel. Habeas relief was thereupon denied and there was no appeal. Conner filed another pro se habeas petition in the same federal district court, and Judge Roth determined, in an opinion and order of July 28, 1971, that the issues raised -- i.e. as to his confession and denial of counsel -- were finally determined in the prior habeas proceeding, that the ends of justice did not require reconsideration, and that the petition should be dismissed, citing, inter alia, 28 U.S.C. ? 2244(b). There was no appeal from this decision.

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