United States Ex Rel. James A. Walker v. Robert J. Henderson, Superintendent of Auburn Correctional Facility,respondent-Appellee

FEINBERG, Circuit Judge:

In April 1969, after a jury trial, James A. Walker was convicted in Supreme Court, Bronx County, New York of rape and sexual abuse in the first degree, incest, assault in the third degree and two counts of endangering the welfare of a child. The charges arose from appellant’s alleged molestation of his 12 year old daughter Diane. Sentenced to concurrent terms of up to 25 years in prison, Walker appealed without success 1 and thereafter sought collateral review, which the Bronx Supreme Court refused without a hearing. 2 Having exhausted his state remedies, appellant…