Walter Frederick Nelson v. Dr. G. Lee Sandritter, Superintendent and Medical Director, Atascadero State Hospital, California

Petitioner appeals from the order of the District Court denying his petition for a writ of habeas corpus. The case was submitted to us on the record without briefs.

Petitioner seeks release from confinement in the Atascadero State Hospital, Atascadero, California, to which he was committed by the Superior Court of the State of California, in and for the County of San Joaquin, on November 16, 1955 as a psychopathic delinquent under the provisions of former Section 7058 of the Welfare and Institutions Code. The final commitment for an indefinite period occurred after a ninety day study of Petitioner and after meticulous attention to the requirements of due process.

In 1963, Petitioner sought his release on a writ of habeas corpus. The petition was denied by the Superior Court of the State of California, in and for the County of San Luis Obispo, after a hearing on November 18, 1963 in which the Petitioner participated. The staff psychiatrist from the Atascadero State Hospital testified, in substance, that Petitioner was still mentally ill, that his condition had not improved since his original commitment, that he periodically be came violent and deranged, attempted suicide and…