Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

HEARNE v. WASHINGTON STATE PAROLE BD.

May 28, 1969

Arthur C. HEARNE, Petitioner,
v.
WASHINGTON STATE PAROLE BOARD and Bruce Johnson, Chairman, and Members, Tim McCullough, Ross M. Peterson, Ronald N. Hatten, and Dale A. Bridges, Respondents



The opinion of the court was delivered by: EAST

 EAST, Senior District Judge, sitting by designation.

 The Petitioner (Hearne), in his pro per petition, seeks a Writ of Habeas Corpus from the "custody" of the Respondents (Parole Board), pursuant to Sections 2241 et seq. Title 28 U.S.C.A.

 To handle Hearne's claims, this court has these tools:

 Section 2241, supra:

 
(a) "Writs of Habeas Corpus may be granted by * * * the district courts * * * within their respective jurisdiction." (territorial jurisdiction)

 Section 2254, supra:

 
(a) "* * * a district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody1 pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution * * * of the United States."
 
(b) "An application for a writ of habeas corpus in behalf of (such) a person * * * shall not be granted unless it appears that the applicant has exhausted the remedies available in the courts of the State * * *." (subjective jurisdiction)

 It appears from Hearne's petition that on January 9, 1959, he was convicted upon his plea of guilty to a charge of First Degree Forgery then pending in the Superior Court of the State of Washington for Spokane County and thereon sentenced to fifteen years of imprisonment. Hearne claims the conviction and sentence are void on United States constitutional grounds, and his allegations are a loud and clear blast from the trumpet of Gideon v. Wainwright, 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. 2d 799 (1963), and its retroactive effect.

 I conclude from Hearne's allegations and the Parole Board's Answer and Return that Hearne has exhausted the State of Washington's statutory and habeas law remedies to eradicate the alleged void conviction and sentence; hence, this court has subjective jurisdiction.

 The following pertinent facts appear from the Parole Board's uncontroverted Answer and Return that:

 1) At the time of Hearne's Washington conviction, he was a parolee from a federal conviction and sentence, and on September 15, 1960, the Parole Board paroled him to a federal detainer and custody as a federal parole violator, and later on August 31, 1961, the Parole Board conditionally discharged him from supervision.

 2) Hearne is now and has been since September 22, 1964, in the actual physical custody of the warden of the Kansas State Penitentiary under a Kansas conviction for Robbery, First Degree, and a sentence of fifteen years ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.