State Ex Rel. Dinneen v. Tahash

Murphy, Justice.

Appeal from the district court’s order denying petition for habeas corpus. Defendant is confined in the state penitentiary on judgment of conviction for robbery in the first degree. Under authority of Townsend v. Sain, 372 U. S. 293, 83 S. Ct. 745, 9 L. ed. (2d) 770, he contends that the trial court erred in denying him the right to appear and be heard in an evidentiary hearing in support of his petition. The point raised requires an examination not only of Townsend v. Sain, supra, but of Fay v. Noia, 372 U. S. 391, 83 S. Ct. 822, 9 L. ed. (2d) 837, and Sanders v. United…