SIMS v. EYMAN

No. 22242.

405 F.2d 439 (1969)

Robert Lee SIMS, Petitioner, v. Frank A. EYMAN, Superintendent of Arizona State Penitentiary, Respondent.

United States Court of Appeals Ninth Circuit.

January 6, 1969.


Attorney(s) appearing for the Case

Wm. E. Hildebrandt, W. Edward Morgan, Tucson, Ariz., for petitioner.

Darrell F. Smith, Atty. Gen., Carl Waag, (argued) Asst. Atty. Gen., Gary K. Nelson, Asst. Atty. Gen., Phoenix, Ariz., for respondent.

Before HAMLEY and CARTER, Circuit Judges, and FOLEY, District Judge.


JAMES M. CARTER, Circuit Judge.

This is an appeal from a judgment of the district court, after hearing, denying a writ of habeas corpus sought by a state prisoner awaiting execution for the crime of murder. We affirm.

The appeal presents a series of constitutional or purported constitutional questions. They are:

1. Is there a denial of due process, equal protection, and the right not to plead guilty and demand a jury trial, where the state jury has...

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