JOE EMILIO SELGADO, APPELLANT,
v.
J. E. BAKER, WARDEN, APPELLEE
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The court held that pre-trial publicity and lack of counsel at arraignment did not deprive the appellant of a fair trial, and other claims were not constitutionally cognizable.
Appellant, a state prisoner convicted of aggravated battery, sought habeas corpus relief, alleging prejudicial pre-trial publicity and lack of counsel…
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PER CURIAM.
Appellant, a state prisoner, was convicted and sentenced for aggravated battery. He appeals from a denial of a petition for a writ of habeas corpus.
His primary contention concerns allegedly prejudicial pre-trial publicity which he claims deprived him of a fair and impartial trial. This claim concerns certain newspaper articles published more than two months before trial. These articles described appellant’s arrest and arraignment at which time he entered a plea of not guilty.
The release and publication of material of this nature has been approved by the American Bar Association.1 To hold such publicity prejudicial would require total censorship of the news media. The trial judge questioned the members of the jury and found that none had read these articles. We are satisfied that this appellant was not denied a fair trial by this pre-trial publicity. Compare Aiuppa v. United States, 393 F. 2d 597 (10th Cir. 1968) with Sheppard v. Maxwell, 384 U.S. 333, 86 S.Ct. 1507, 16 L.Ed.2d 600 (1966) and Mares v. United States, 383 F. 2d 805 (10th Cir. 1967).
Appellant also contends his conviction was constitutionally defective since he was not represented by counsel at his arraignment. A plea of not guilty was entered at arraignment and counsel was appointed prior to the preliminary hearing. The mandate of Pearce v. Cox, 354 F. 2d 884 (10th Cir. 1965) was thus satisfied.
Appellant’s other claims relating to the sufficiency of the information and correctness of the trial court’s instructions do not reach a constitutional level cognizable in federal habeas corpus. Kinnell v. Crouse, 384 F. 2d 811 (10th Cir. 1967).
Appellee’s motion to affirm is granted and the order of the district court is affirmed.
. Reardon, Pair Trial — Free Press Standard 1968. i, 54 American Bar Assoc. Journal 343, April,
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Citator
Cited By
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Hayward v. Louie L. Wainwright, 454 F.2d 733 (5th Cir. 1972)
Authorities Cited
- Sheppard v. Maxwell, 384 U.S. 333 (U.S. 1966)
- Mares v. United States, 383 F.2d 805 (10th Cir. 1967)
- Pearce v. COX, 354 F.2d 884 (10th Cir. 1965)
- Aiuppa v. United States, 393 F.2d 597 (10th Cir. 1968)
- Kinnell v. Crouse, 384 F.2d 811 (10th Cir. 1967)