# United States of America Ex Rel. Henry Blank, Relator-Appellant v. J. Vernal Jackson, Warden of Clinton Prison, Dannemora, N.Y.

> Court of Appeals for the Second Circuit · February 4, 1959 · 263 F.2d 185

URL: https://www.frixlaw.com/law-library/cases/247141

## Case

- **Full name:** UNITED STATES of America Ex Rel. Henry BLANK, Relator-Appellant, v. J. Vernal JACKSON, Warden of Clinton Prison, Dannemora, N. Y., Respondent-Appellee
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** February 4, 1959
- **Citations:** 263 F.2d 185
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Clark, Gibson, Moore, Per Curiam
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/247141

## Opinion text

PER CURIAM.
Relator, imprisoned by New York authorities as a second offender following a plea of guilty in 1955 to the crime of abortion, attacks his prior conviction also for abortion entered after trial before a jury in 1939. He alleges that after the case went to the jury, with the consent of the court he and his counsel left the courthouse; thereafter the jury twice returned and received instructions while relator and his attorney allegedly were not present. On a petition for
coram nobis
in the New York state courts, relator was granted a hearing before Justice Joyce of the Kings County Court, who disbelieved the testimony of relator and his witnesses that he was not present when the incident occurred. N.Y.L.J., Jan. 25, 1957, affirmed People v. Blank, 4 A.D.2d 755 , 165 N.Y.S.2d 700 , certiorari denied Blank v. New York, 355 U.S. 963 , 78 S.Ct. 551 , 2 L. Ed.2d 537 . As no impropriety is alleged as to this hearing, relator has no right to a renewed opportunity to test these same facts. Brown v. Allen, 344 U.S. 443, 463-464, 506 , 73 S.Ct. 397 , 97 L.Ed. 469 .
Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/247141. Public record. Not legal advice.