UNITED STATES v. DONOVAN

No. 406, Docket 28256.

321 F.2d 114 (1963)

UNITED STATES ex rel. William C. TUCKER, Relator-Appellant, v. Jeremiah DONOVAN, the Warden of the City Prison of the City of New York, Brooklyn, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided July 29, 1963.


Attorney(s) appearing for the Case

Leon B. Polsky, New York City (Anthony F. Marra, New York City, on the brief), for relator-appellant.

Frank Di Lalla, Asst. Dist. Atty., Kings County, Brooklyn, N. Y. (Edward S. Silver, Dist. Atty., Kings County, Brooklyn, N. Y., on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, and CLARK and HAYS, Circuit Judges.


LUMBARD, Chief Judge.

This appeal raises the question whether a federal court in an asylum state may entertain an application for a writ of habeas corpus challenging detention by the asylum state on a warrant of extradition on the allegation that the conviction in the demanding state was obtained in violation of the applicant's constitutional rights — here lack of counsel at trial. We affirm the district court's dismissal of the writ.

Tucker was convicted...

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