2d 885
The allegations of the petition are meagre, and do not clearly disclose the
grounds upon which the writ is sought. Amplifying the allegations by
independent search of the records, the facts appear to be as follows. In 1938,
the appellant was convicted in Virginia on two charges of attempted murder,
and one of armed robbery, and given sentences totalling forty years. After
serving twelve years, he was paroled in 1950, but in 1956 was again convicted
of armed robbery, this time in the Court of Common Pleas of Cuyahoga
County, Ohio. He is presently serving a prison sentence in Ohio for that
offense. Upon learning from the Ohio authorities that Whiting had been
convicted in that state, a member of the Virginia Parole Board filed a detainer
against him on the ground that he had violated the conditions of his Virginia
parole.
3
The appellant does not seek release from the Ohio prison, but he does seek, by
his petition for a writ of habeas corpus, to cause the removal of the detainer
lodged against him by the Virginia official in the hands of the Ohio authorities.
As a basis for his contentention that the detainer is unlawful, he alleges that the
1938 Virginia convictions were void because he (1) was denied counsel, (2)
was never taken before an examining magistrate, and (3) was never advised 'of
his right to trial.'
Affirmed.