Daniel Webster Tillery v. Frank A. Eyman, Superintendent, Arizona State Prison

OPINION

ELY, Circuit Judge:

In 1967 Tillery was convicted by an Arizona court of assault with a deadly weapon and of armed robbery. Tillery exhausted his available state remedies, the Arizona Supreme Court affirming his conviction in State v. Tillery, 107 Ariz. 34, 481 P.2d 271, cert. denied, 404 U.S. 847, 92 S.Ct. 151, 30 L.Ed.2d 84 (1971). Tillery filed a petition for a writ of habeas corpus in the District Court, pursuant to 28 U.S.C. § 2241(c). Upon a denial of his petition, Tillery appeals.

Here, Tillery raises the same two issues urged in the court below. He contends (1) that he was denied…