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    Floyd E. Johnson v. Sherman H. Crouse, Warden Kansas State Penitentiary, Lansing, Kansas, Appellee, 332 F.2d 417, 10th Cir. (1964)

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    This document is a court ruling from the United States Court of Appeals for the Tenth Circuit that affirms the denial of a petition for a writ of habeas corpus from Floyd E. Johnson, a prisoner in the Kansas State Penitentiary. The court found that Johnson did not provide adequate evidence to support his claims that he received ineffective assistance of counsel or improper notice of the state's intention to pursue habitual criminal charges against him based on prior convictions. Both the state Supreme Court and district court previously rejected Johnson's claims. The Tenth Circuit agreed with the lower courts' findings and rulings against Johnson.

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    Floyd E. Johnson v. Sherman H. Crouse, Warden Kansas State Penitentiary, Lansing, Kansas, Appellee, 332 F.2d 417, 10th Cir. (1964)

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    This document is a court ruling from the United States Court of Appeals for the Tenth Circuit that affirms the denial of a petition for a writ of habeas corpus from Floyd E. Johnson, a prisoner in the Kansas State Penitentiary. The court found that Johnson did not provide adequate evidence to support his claims that he received ineffective assistance of counsel or improper notice of the state's intention to pursue habitual criminal charges against him based on prior convictions. Both the state Supreme Court and district court previously rejected Johnson's claims. The Tenth Circuit agreed with the lower courts' findings and rulings against Johnson.

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    Filed: 1964-06-23 Precedential Status: Precedential Citations: 332 F.2d 417 Docket: 7679

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    Floyd E. Johnson v. Sherman H. Crouse, Warden Kansas State Penitentiary, Lansing, Kansas,appellee, 332 F.2d 417, 10th Cir. (1964)

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    This document is a court ruling from the United States Court of Appeals for the Tenth Circuit that affirms the denial of a petition for a writ of habeas corpus from Floyd E. Johnson, a prisoner in the Kansas State Penitentiary. The court found that Johnson did not provide adequate evidence to support his claims that he received ineffective assistance of counsel or improper notice of the state's intention to pursue habitual criminal charges against him based on prior convictions. Both the state Supreme Court and district court previously rejected Johnson's claims. The Tenth Circuit agreed with the lower courts' findings and rulings against Johnson.

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    17 views2 pages

    Floyd E. Johnson v. Sherman H. Crouse, Warden Kansas State Penitentiary, Lansing, Kansas, Appellee, 332 F.2d 417, 10th Cir. (1964)

    Uploaded by

    Scribd Government Docs
    This document is a court ruling from the United States Court of Appeals for the Tenth Circuit that affirms the denial of a petition for a writ of habeas corpus from Floyd E. Johnson, a prisoner in the Kansas State Penitentiary. The court found that Johnson did not provide adequate evidence to support his claims that he received ineffective assistance of counsel or improper notice of the state's intention to pursue habitual criminal charges against him based on prior convictions. Both the state Supreme Court and district court previously rejected Johnson's claims. The Tenth Circuit agreed with the lower courts' findings and rulings against Johnson.

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    of 2

    332 F.

    2d 417

    Floyd E. JOHNSON, Appellant,


    v.
    Sherman H. CROUSE, Warden Kansas State Penitentiary,
    Lansing, Kansas,Appellee.
    No. 7679.

    United States Court of Appeals Tenth Circuit.


    May 20, 1964, Rehearing Denied June 23, 1964.

    Robert P. Grueter, Denver, Colo., for appellant.


    Robert J. Lewis, Jr., Asst. Atty. Gen., of Kansas (William M. Ferguson,
    Atty. Gen., of Kansas, on the brief), for appellee.
    Before BREITENSTEIN, HILL and SETH, United States Circuit Judges.
    PER CURIAM.

    The appeal is from a denial of a petition for a writ of habeas corpus. 1


    Appellant, now a prisoner confined in the Kansas State Penitentiary, was
    charged in the District Court of Marion County, Kansas, with second degree
    burglary and grand larceny. The trial judge appointed counsel to represent him,
    although Johnson stated at that time that he understood all the points involved
    and the appointment of counsel was not necessary. After consultation with his
    appointed counsel, he appeared before the court, waived arraignment and
    entered a plea of guilty to both counts of the information, stating then to the
    court that he did so voluntarily and after consultation with his counsel. The
    county attorney then gave notice, in open court, that he was invoking the
    Kansas habitual criminal act (Kan.G.S.1949, 21-107a) and offered into
    evidence certified copies of two journal entries of judgment, each showing a
    separate prior felony conviction. The county attorney, at this stage of the
    proceedings stated, 'I would like to offer into evidence, and give the accused
    and his counsel opportunity to study these whatever time is necessary.' Upon
    inquiry in open court by his attorney, Johnson admitted the two prior
    convictions and thereafter the journal entries were admitted into evidence and
    sentence was pronounced pursuant to the mandatory sentencing provisions of

    the Kansas statutes.


    2

    Appellant makes two contentions here: (1) That he was not afforded adequate
    or effective assistance of counsel; and (2) that he was not given proper notice of
    the State's intention to proceed against him under the habitual criminal statutes
    of the State.

    These questions were resolved against Johnson by the Supreme Court of Kansas
    in an original habeas corpus proceeding had in that court prior to the filing of
    this case in the court below. 2 Both that court and the trial court in this case
    found that Johnson had failed to sustain his factual burden and, in addition,
    found as facts, as well as under the law, that appellant's two contentions were
    without merit.

    We have carefully considered the entire record, including that of all


    proceedings had in the state district court, and we agree with the Supreme Court
    of Kansas and with the court below. An exhaustive opinion on the questions
    involved would only reiterate what the other two courts have already said.

    Affirmed.

    Johnson v. Crouse, 224 F.Supp. 864 (D.Kan.1964)

    Johnson v. Crouse, 191 Kan. 694, 383 P.2d 978

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