United States ex rel. Marino v. Myers

OPINION

LUONGO, District Judge.

This habeas corpus petition by Thomas Marino attacks a 1947 murder conviction in the Pennsylvania courts on the ground that introduction in evidence of prior convictions at his trial under the then prevailing so-called Parker Rule1 deprived him of due process. This same claim was presented in State habeas proceedings and was rejected by the Supreme Court of Pennsylvania which held that, under the facts of Marino’s case, the application of the Parker Rule did not violate due process. Commonwealth ex rel. Marino v. Myers, 419 Pa. 448, 214 A.2d 491 (1965).

In the…