United States ex rel. Martinez v. Thomas

GURFEIN, Circuit Judge:

A New York State prisoner, Francisco Martinez, appeals from the denial of his petition for a writ of habeas corpus by the District Court for the Southern District of New York (Tyler, Judge) after an evidentiary hearing.

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Martinez was arrested on February 15, 1966 for allegedly participating in an attempted robbery and assault committed six weeks earlier. The trial, which he conducted pro se in circumstances to be related, began on August 4, 1966. On August 12, 1966, after deliberating for 5V2 hours, the jury found appellant guilty of attempted robbery, attempted grand…