United States ex rel. Behm v. Russell, 371 F.2d 1016 (3d Cir. 1967)
371 F.2d 1016
US-DOC-21110268
locator
Case details
Bluebook Citation
United States ex rel. Behm v. Russell, 371 F.2d 1016 (3d Cir. 1967)
Full caption
UNITED STATES of America ex rel. Edward C. BEHM, Appellant, v. Harry E. RUSSELL, Superintendent State Correctional Institution, Huntingdon, Pennsylvania.
Country
United States
Jurisdiction
Federal
Court
3d Cir.
Decided
Feb. 20, 1967
Disposition
Per Curiam Affirmed
No. 16011.
Submitted Feb. 6, 1967.
Decided Feb. 20, 1967.
Edward C. Behm, pro se.
Amos Davis, Dist. Atty., Hollidays-burg, Pa., for appellee.
Before HASTIE, FORMAN and SMITH, Circuit Judges.
OPINION OF THE COURT
PER CURIAM.
The appellant, a state prisoner, has appealed from the denial of his petition for habeas corpus. His principal contention is that he pleaded guilty without the constitutionally essential benefit of counsel. With adequate justification in the record, the disputed factual issues concerning the appointment and conduct of counsel have been decided against the appellant. Accordingly, the collateral attack upon his conviction fails.
The court notes with disapproval the failure of counsel for the appellee to file a brief and an appendix which might have facilitated our consideration of this appeal.
The judgment will be affirmed.