James John Makal v. State of Arizona and Harold G. Cardwell, Superintendent, Arizona State Prison

Petitioner, a prisoner in state custody, unsuccessfully sought a writ of habeas corpus from the United States District Court for the District of Arizona. We have jurisdiction of his appeal under 28 U.S.C. § 2253 . Petitioner pleaded guilty to a charge of first degree murder on October 10, 1969, in the Superior Court of Pima County, Arizona. He now contends that the trial court erred in accepting this plea without making a specific determination of his mental competency to enter it.

I.

On the evening of May 24, 1964, in Tucson, Arizona, James Makal, petitioner, strangled his wife and his two minor children. He then attempted to commit suicide by cutting his wrists and throat and swallowing ant poison and furniture polish. He was subsequently charged with three counts of first degree murder. Before trial he was twice committed to the state hospital as a result of hearings held under state procedure at which the court found that the defendant’s mental illness prevented him from assisting counsel in the defense of his case.

The defendant was ultimately found competent to stand trial and was tried on three counts of murder. His defense was not guilty by reason of insanity. The jury…