United States ex rel. Loring J. Whiteside v. J. Edward Slavin, 309 F.2d 322 (2d Cir. 1962). · Go Syfert
United States ex rel. Loring J. Whiteside v. J. Edward Slavin, 309 F.2d 322 (2d Cir. 1962). Cases Citing This Book View Copy Cite
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UNITED STATES Ex Rel. Loring J. WHITESIDE, Relator-Appellant,
v.
J. Edward SLAVIN and George R. Tiernan, Respondents-Appellees
27551_1.
Court of Appeals for the Second Circuit.
Oct 24, 1962.
Published opinion
309 F.2d 322
1962 U.S. App. LEXIS 3847
Loring J. Whiteside, pro se., George R. Tiernan, New Haven, Conn., for rcspondents-appellees.
Waterman, Hays, Marshall.
Cited by 2 opinions  |  Published
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Citer courts: Ninth Circuit (2)
PER CURIAM.

This is an appeal from a denial of a petition for a writ of habeas corpus by the United States District Court for the District of Connecticut. After a full hearing Judge Anderson filed adequate findings and conclusions of law supporting his denial of the writ for failure to exhaust state remedies. We affirm.

Petitioner-appellant on March 24, 1959 was convicted of four counts of a twenty-three count indictment for criminal libel after a trial before a jury in the Court of Common Pleas of the State of Connecticut. This conviction was affirmed by the Supreme Court of Errors, State v. Whiteside, 148 Conn. 208, 169 A.2d 260 (1961); reargument was denied and the U. S. Supreme Court denied certio-rari.

Petitioner seeks relief in the federal courts on two major assertions. He claims that the Court of Common Pleas violated the Sixth Amendment to the Constitution of the United States by de[*323] nying his motion for a bill of particulars, and that alleged prejudice against him by the Supreme Court of Errors of Connecticut deprived him of due process guaranteed by the Fourteenth Amendment.

The courts of Connecticut have not passed upon the merits of either of these asserted rights. Habeas corpus in the federal courts is presently unavailable to petitioner, 28 U.S.C.A. § 2254; Brown v. Allen, 344 U.S. 443, 73 S.Ct. 397, 97 L.Ed. 469; Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587, 94 L.Ed. 761; United States ex rel. Williams v. LaVallee, 276 F.2d 645 (2 Cir. 1960).

We affirm.