Fred Kipp Bassett v. D. J. McCarthy

Petitioner sought a writ of habeas corpus in the District Court to review the--failure of the state trial court to hold a hearing sua sponte on petitioner’s mental competency to stand trial. Petitioner previously raised the issue on a motion for a new trial and petitions to the state appellate courts but was unsuccessful. The District Court denied the petition and we affirm.

THE PRIOR PROCEEDINGS

Petitioner, in January 1964, was charged with two counts of first degree murder for the killing of his parents. He pleaded not guilty and not guilty by reason of insanity. Acting pursuant to Cal. Penal Code § 1368 , the state trial court appointed two psychiatrists to examine him. 1 On the basis of their report, the court on February 28,1964, found petitioner presently insane, suspended the proceedings and committed him to the Atascadero State Hospital. (Clerk’s Tr. 1-4.) Some two years later, on May 4, 1966, Atascadero issued a certificate under Cal. Penal Code § 1372 , 2 stating in relevant part:

The certificate was accompanied by a six page analytical report containing the data on which the certificate was based. (Clerk’s Tr. 6-11.)

Petitioner was then returned to the Los Angeles…

dissenting:

There are differences in the details of this record, and the record in De Kaplany v. Enomoto (1976) 540 F.2d 975 , but my conclusion is the same for the same reasons that I recited, dissenting in De Kaplany :

I would reverse for Pate error and remand with directions to grant the writ unless the State affords Bassett a new trial within a reasonable time.

549 F.2d 616 Fred Kipp BASSETT, Petitioner-Appellant, v. D. J. McCARTHY, Respondent-Appellee. No. 75-1978. United States Court of Appeals, Ninth Circuit. Jan. 6, 1977. Rehearing and Rehearing En Banc Denied March 15, 1977. 1 Theodore Eugene Orliss (argued), Los Angeles, Cal., for petitioner-appellant. 2 John R. Gorey, Deputy Atty. Gen. (argued), Los Angeles, Cal., for respondent-appellee. 3 Before HUFSTEDLER and WRIGHT, Circuit Judges, and SCHWARZER, * District Judge. SCHWARZER, District Judge: 4 Petitioner sought a writ of habeas corpus in the District Court to review the failure of the state trial court to hold a hearing sua sponte on petitioner's mental competency to stand trial. Petitioner previously raised the issue on a motion for a new trial and petitions to the state appellate courts but was unsuccessful. The District Court denied the petition and we affirm. THE PRIOR PROCEEDINGS 5 Petitioner, in January 1964, was charged with two counts of first degree murder for the killing of his parents. He pleaded not guilty and not guilty by reason of insanity. Acting pursuant to Cal. Penal Code § 1368 , the state trial court appointed two psychiatrists to examine him. 1 On the…