United States Ex Rel. Horace Jones v. Mark S. Richmond, Warden, Connecticut State Prison, 245 F.2d 234 (2d Cir. 1957). · Go Syfert
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United States Ex Rel. Horace Jones v. Mark S. Richmond, Warden, Connecticut State Prison, 245 F.2d 234 (2d Cir. 1957). Cases Citing This Book View Copy Cite
19 citation events (2 in the last 25 years) across 9 distinct courts.
Strongest positive: Solomon v. Senkowski (nysd, 1991-11-25)
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discussed Cited as authority (rule) Solomon v. Senkowski
S.D.N.Y. · 1991 · confidence medium
Jones v. Richmond, 245 F.2d 234, 234 (2d Cir.), cert. denied, 355 U.S. 846 , 78 S.Ct. 71 , 2 L.Ed.2d 56 (1957)) (for certificate of probable cause to issue “there must be ‘federal questions adequate to deserve encouragement to proceed further’ ”); Pizarro v. Harris, 507 F.Supp. 642, 647 (S.D.N.Y.1981) (certificate of probable cause will issue only if petition presents question of substance for appellate review).
UNITED STATES Ex Rel. Horace JONES, Petitioner,
v.
Mark S. RICHMOND, Warden, Connecticut State Prison, Respondent
234.
Court of Appeals for the Second Circuit.
May 15, 1957.
245 F.2d 234
Clark, Lumbard, Lei-Bell.
Cited by 19 opinions  |  Published
PER CURIAM.

There is some question here whether relator, now raising new issues, has exhausted his state remedies as to them. In any event we do not think he makes a showing of federal questions adequate to deserve encouragement to proceed further. The record of the state hearing discloses careful consideration and representation in his behalf by the Public Defender, a responsible state official. On the issue of the tribunal to determine the degree of his guilt, Judge Cotter of the State Superior Court has carefully examined the authorities with the identical result stated by Judge Smith in a companion case to this which we have just recently affirmed. U. S. ex rel. Oakley v. Cummings, 2 Cir., Feb. 15, 1957, affirming denial of habeas corpus on the memorandum-decision of Judge Smith, rehearing denied, 2 Cir., March 12, 1957.

Accordingly the motion for a certificate of probable cause is denied and the appeal is therefore dismissed.