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Carrion v. Pinto

Decided: April 11, 1963.

ENRIQUE ACEVEDO CARRION, PLAINTIFF-APPELLANT,
v.
W. PINTO, PRINCIPAL KEEPER, RAHWAY STATE PRISON, RAHWAY, NEW JERSEY, DEFENDANT-RESPONDENT



Price, Sullivan and Lewis.

Per Curiam

Plaintiff moves this court (1) for leave to appeal in forma pauperis from the denial of his application for a writ of habeas corpus; (2) for assignment of counsel to prosecute the proposed appeal; (3) for a free copy of the transcript of hearing on the application for a writ of habeas corpus. His moving papers show that he is indigent.

Plaintiff was indicted in Cumberland County on May 5, 1961, for atrocious assault and battery (first count), breaking and entering (second count) and assault with intent to rob (third count). He pleaded not guilty to all counts of the indictment on May 18, 1961, However, on September 29, 1961, he retracted his original pleas, entered pleas of guilty, and on October 20, 1961, received sentences totaling 4-6 years in State Prison. Plaintiff was represented by retained counsel at the time.

In October 1962 plaintiff filed a petition for a writ of habeas corpus with the Cumberland County Court. His petition recites that he was indicted, "convicted," and sentenced as aforesaid, and then charges that his imprisonment is illegal in the following:

"a. Petitioner was arrested on March 26, 1961, in Suffolk County, Massachusetts, for the charge of Assault & Battery.

b. On April 4, 1961, petitioner appeared before the Superior Court for Criminal Business in and for the County of Suffolk, Pemberton Square, Boston, on the above mentioned charge, in which he entered a plea of not guilty.

c. On April 7, 1961, petitioner appeared again in said court for assignment of counsel, in which no trial date was set. Also on the above date petitioner was brought to the prosecutor's office where he was informed that a detainer from New Jersey was lodged against him for the aforementioned charges. He was then asked if he would go back to New Jersey on the Interstate Agreement on Detainers, and have final disposition made of same. Petitioner signed the agreement on detainers and on April 8th, 1961, was brought back to New Jersey."

The petition charged that petitioner after sentencing in New Jersey should have been immediately returned to the State of Massachusetts in accordance with the provisions of the Interstate Agreement on Detainers, N.J.S. 2A:159A-1 et seq. (L. 1958), c. 12).

A hearing was held on plaintiff's petition on November 19, 1962, at which time plaintiff appeared and testified, being represented by assigned counsel. At the conclusion of the hearing, the application for a writ of habeas corpus was denied.

Plaintiff now moves this court for the items of relief set forth at the beginning of this opinion. However, his moving papers, in addition to claiming a violation of the Interstate Agreement on Detainers as set forth in his habeas corpus petition, also charge that the State of New Jersey did "willfully kidnap petitioner" and brought him back to New Jersey "without the benefit of extradition."

Plaintiff's motion on its face, and assuming the correctness of all of its factual allegations, shows that the proposed appeal is frivolous. Plaintiff's contention that his return to New Jersey was accomplished by illegal means and in violation of proper extradition procedures cannot affect the legality of his present confinement. The New Jersey Supreme Court in Goodlet v. Goodman , 34 N.J. ...


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