Thomas Armendarez Mitchell, Jr. v. Frank A. Eyman, Warden, Arizona State Prison

Appellant, Mitchell, a prisoner of the State of Arizona, appeals from an order of the United States District Court for the District of Arizona denying his petition for a writ of habeas corpus without an evidentiary hearing.

Following a jury trial, appellant was convicted on Count One — attempted kidnapping “while armed with a gun,” and Count Two — assault with a “deadly weapon or instrument, to wit: a gun,” and was sentenced on each count for a term of not less than ten years nor more than fifteen years, both sentences to run concurrently.

On appeal to the Supreme Court of Arizona judgment and sentence was affirmed on Count One, and the judgment and sentence on Count Two was vacated and set aside. State of Arizona v. Mitchell, 106 Ariz. 492 , 478 P.2d 517 (1970). Two petitions for writs of habeas corpus presented to the Supreme Court of Arizona were denied without hearing.

The offenses upon which appellant was convicted occurred on November 14, 1968. Counsel was appointed to represent the appellant and on arraignment, pleas of “not guilty”, and “not guilty by reason of insanity” were entered.

On motion of appellant’s counsel the trial court appointed medical experts to examine…