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COMMONWEALTH EX REL. ARNOLD v. HENDRICKS

August 31, 1967

COMMONWEALTH ex rel. Leonard M. ARNOLD, Petitioner,
v.
Edward J. HENDRICKS, Superintendent of Philadelphia Prisons, Pennsylvania, Respondent



The opinion of the court was delivered by: DAVIS

 JOHN MORGAN DAVIS, District Judge.

 On April 17, 1967, the Petitioner was apprehended by the Philadelphia Police, and placed under arrest. The next day, he was arraigned before a magistrate and charged with transporting stolen property into Pennsylvania, possession and uttering worthless money orders, and as a criminal fugitive from Georgia and Kansas. He was ordered held in lieu of bail.

 A motion has been subsequently filed with this Court in which the petitioner seeks removal of the State criminal proceeding to the Federal Courts. Jurisdiction of this Court is allegedly based on the following Statutes: *fn1"

 28 U.S.C.A. section 1339, Postal matters; 28 U.S.C.A. section 1343, Civil rights and elective franchise; 28 U.S.C.A. section 1441, Actions removable generally; 28 U.S.C.A. section 1443, Civil rights cases.

 Here, the Petitioner contends that his civil rights as guaranteed by the 4th, 5th, 6th and 14th Amendments have been infringed by the following actions pursuant to the State proceeding, as follows:

 1. Indigents and minority groups cannot enforce Constitutional rights in the courts of Pennsylvania.

 2. Petitioner's motion to suppress evidence, allegedly filed in May 1967, was "withdrawn" on advice of appointed counsel, and a continuance granted to permit counsel to familiarize himself with the case, notwithstanding that the motion as originally prepared and filed by the petitioner was "in order".

 3. Over 40 days have elapsed since the original hearing on motion to suppress was filed, but no additional hearing has been granted. Moreover, petitioner's appointed counsel has not been in communication, either personally or by letter.

 4. The Commonwealth of Pennsylvania knowingly and willingly obtained fraudulent indictments of forgery; consequently, at a further hearing on May 17, 1967, the charges were amended by the prosecution to "uttering a worthless instrument".

 5. The Commonwealth has not responded to petitioner's request for a transcript of the proceedings at the preliminary hearing.

 6. Letters sent to a friend were "turned over" to the police.

 7. Detention Center personnel refused to permit the petitioner to send letters via special delivery or certified mail, ...


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