Taylor v. United States. Taylor v. Squier, Warden (Two Cases)

Good Law
179 F.2d 640
United States Court of Appeals for the Ninth CircuitFebruary 9, 195012272, 12307, 12385California1,403 words

Opinion

Opinion

Three appeals involving the same litigant were consolidated for hearing and disposal on appeal.

No. 12,272

Earl W. Taylor was indicted in the United States District Court for the Northern District of California, Southern Division, on four counts for violations of the Internal Revenue Code. He pleaded guilty to count two, whereupon the United States Attorney moved for, and was granted, dismissals of the remaining three counts. After imposition of sentence appellant moved to vacate the judgment and set aside the sentence on the grounds that at the time of arraignment he ■ was mentally incompetent, and that at the time of judgment and sentence the trial court was biased and prejudiced against appellant. This appeal is from the order denying the motion.

Prior to ruling on the motion the trial court appointed two reputable psychiatrists (one of whom was named on the recommendation and suggestion of appellant’s counsel who ably represented appellant at every stage of the proceedings below) who conducted an examination into appellant’s mental condition. They reported that he was highly neurotic but was legally and mentally competent and had been so at the time of sentence and the time…

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