Stanley Forman Reed

“ We hold that denial of opportunity to consult with counsel on any material step after indictment or similar charge and arraignment violates the Fourteenth Amendment.
Petitioner states a good cause of action when he alleges facts which support his contention that through denial of asserted constitutional rights he has not had the kind of trial in a state court which the due process clause of the Fourteenth Amendment requires. This, of course, does not mean that uncontradicted evidence of a witness must be accepted as true on the hearing. Credibility is for the trier of facts. ”

“ When the state does not provide corrective judicial process, the federal courts will entertain habeas corpus to redress the violation of the federal constitutional right. White v. Ragen, 324 U.S. 760, 65 S.Ct. 978. When the corrective process is provided by the state but error, in relation to the federal question of constitutional violation, creeps into the record, we have the responsibility to review the state proceedings. Williams v. Kaiser, 323 U.S. 471, 472, 65 S.Ct. 363, 364; Tomkins v. Missouri, supra.
Petitioner, a layman, set out the following allegations in his petition. ”

“ Hawk v. Olson, Neb., 16 N.W.2d 181, loc. cit. 183. We assume, since such grounds appear in the petition, that one of these pretermitted grounds is that 'Conviction was obtained by the use of perjured testimony knowingly used by the Prosecuting Officials and the Trial Court.' See Ex parte Hawk, 321 U.S. 114, 116, 64 S.Ct. 448, 449, 88 L.Ed. 572. Whatever Nebraska may require in the way of further specification may be furnished, if available, and permissible under the law of Nebraska (see Hawk v. Olson, supra, 16 N.W.2d loc. cit. 183) , by petitioner on a new hearing. ”