MILLER v. RODRIGUEZ

No. 9076.

373 F.2d 26 (1967)

Joseph A. MILLER, Appellant, v. Felix RODRIGUEZ, Acting Warden, New Mexico State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

February 10, 1967.


Attorney(s) appearing for the Case

Fred M. Standley, Santa Fe, N. M., for appellant.

L. D. Harris, Sp. Asst. Atty. Gen., Albuquerque, N. M. (Boston E. Witt, Atty. Gen., Santa Fe, N. M., with him on the brief), for appellee.

Before PICKETT and SETH, Circuit Judges, and BROWN, District Judge.


WESLEY E. BROWN, District Judge.

The appellant Miller appeals from a denial of his application for a writ of habeas corpus. He raises two grounds for reversal. First, that he did not waive his right to counsel at his state preliminary hearing on a 1959 murder charge; and second, that the six year delay in imposing a correct sentence constitutes a denial of his right to a speedy trial as guaranteed by the Sixth Amendment to the Constitution of the United States.

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