FRANKLIN v. SHARKEY

Petition for habeas corpus. On June 8, 1970 court entered an order whereby the petition for a writ of habeas corpus was remitted to the Superior Court with direction to conduct an evidentiary hearing on and decide the following issues: (1) the alleged illegal search of the petitioner's locker located at the naval base and the consequent seizure therefrom of certain articles of clothing; (2) the alleged ineffective representation afforded petitioner by his trial and appellate counsel; (3) the purported suppression by the prosecution of exculpatory evidence. At the termination of the evidentiary hearing, the Superior Court justice made certain findings of fact which, without specifically enumerating them, may be summed up in his conclusion that petitioner's constitutional rights as adduced at said hearing were not violated, and the issuance of the writ of habeas corpus was accordingly denied.

The papers were transmitted to Supreme Court, and on October 29, 1971 an order was entered requesting petitioner to show cause why the pending petition for habeas corpus should not be denied and dismissed on the basis of the ruling of the Superior Court.

Following examination of the record of the Superior Court hearing and petitioner's answer pursuant to the show cause order court is convinced that it should and it does adopt the factual determinations and legal conclusions of the Superior Court justice.

The petition for habeas corpus is therefore denied and dismissed.