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