Gilbert D. Fender v. Russell E. Lash

This is a meritless appeal from the denial of release in habeas corpus proceeding. The appellant-petitioner is proceeding, pro se, having refused the able assistance of the public defender. Pursuant to PC Remedy Rule 1, § 1(c); § 5, a post-conviction relief hearing was held on September 7, 1972. The petitioner's evidence consisted solely of testimony by the attorney who had represented him at the time of his arraignment six years earlier. The testimony forthcoming was generally detrimental to petitioner's case. It did not support any of the assertions contained in his petition for writ of habeas corpus. The trial court ruled that petitioner had failed to establish, by a preponderance of the evidence, grounds for relief pursuant to PC Remedy Rule 1, § 5. We affirm.