[Download] "White v. Egeler" by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: White v. Egeler
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 20, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
Order Before: EDWARDS and ENGEL, Circuit Judges and LAWRENCE, Senior District Judge* Ellsworth White appeals from a judgment denying his petition for a writ of habeas corpus. In his appeal he alleges nine separate grounds for relief. Most of his claims relate primarily to matters which go not to any claimed denial of his rights under the United States Constitution but to the type of error which would more properly invoke the supervisory powers of the state court system in which he was tried. Of the issues raised, the most serious are that his rights to due process under the Fourteenth Amendment to the United States Constitution were violated by the improper remarks of the prosecuting attorney during closing argument and by the prosecution appealing to racial bias through the questioning of an alibi witness for the defense. Considering the record as a whole, the court, while not approving of the conduct of the prosecutor, is unable to hold that it rose to the level of a constitutional violation. See Hayton v. Egeler, 555 F.2d 599, 604 (6th Cir.), cert. denied, 434 U.S. 973 (1977). Appellant also claims that he was denied the Sixth Amendment right to effective assistance of counsel because he and a co-defendant were represented by the same counsel and their defenses were incompatible. Upon a consideration of this claim, the court is of the opinion that the arguments made upon appeal were theoretical and that the record did not show any conflict which demanded separate representation. The court finds no merit in the other claims presented by the application. Accordingly, IT IS ORDERED that the judgment of the district court is affirmed.