United States ex rel. Coleman v. Denno

MOORE, Circuit Judge.

This appeal comes to us from a denial of a writ of habeas corpus. Appellant is under sentence of death following a conviction for murder in the first degree in the County Court of Kings County, New York, on October 21, 1960. The question which appellant (petitioner) through his counsel asks this court to pass upon is: “Whether the failure of New York State to assign counsel to petitioner during the post-appellate stage of this capital case deprives petitioner of due process of law and equal protection of the laws.” (Appellant’s Brief, p. 3.) The actual question however,…