Cerny v. Smith

— Petitioner Joseph Cerny by a writ of habeas corpus seeks this court’s review of the circumstances surrounding his arrest and conviction for a felony-murder which occurred in 1968. See State v. Cerny, 78 Wn.2d 845, 480 P.2d 199, death sentence vacated, 408 U.S. 939, 33 L. Ed. 2d 761, 92 S. Ct. 2873 (1971). Contrarily, the Attorney General’s office, in behalf of respondent Smith, asserts that the petition fails to state a claim upon which relief may be granted in habeas corpus, and therefore moves for denial and dismissal of the writ.

The facts pertinent to the petition for habeas corpus are…