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UNITED STATES v. MARTIN

No. 133, Docket 21178.

174 F.2d 582 (1949)

UNITED STATES ex rel. MARTINE v. MARTIN.

United States Court of Appeals Second Circuit.

As Amended on Denial of Rehearing May 27, 1949.

Attorney(s) appearing for the Case

Philip B. Kurland, of New York City (Richard F. Wolfson, of New York City, of counsel), for petitioner-appellant.

Nathaniel L. Goldstein, of Albany, N. Y. (Wendell P. Brown, of Albany, N. Y. and Louis Winer, of Cedarhurst, N. Y., of counsel), for respondent-appellee.

Miles F. McDonald, of Brooklyn, N. Y. (Aaron Nussbaum, of Brooklyn, N. Y., of counsel), amicus curiae.

Before SWAN, CLARK and FRANK, Circuit Judges.

FRANK, Circuit Judge.

As petitioner's counsel concede, the question whether petitioner was, at the time of his 1930 plea, advised of his right to counsel cannot now be relitigated in the federal courts. That issue is foreclosed, so far as this proceeding is concerned, by the decision of the County Court of Kings County, denying, after hearing, petitioner's 1946 application for a writ of error coram nobis.

Petitioner here asserts denial of due process of law...

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