Neil E. Darrow v. Warden Gunn

This case comes to this court for a second time following the district court’s denial of Darrow’s petition for habeas corpus. We vacated the district court’s denial of the petition and remanded the case when it was first before us, Darrow v. Gunn, 551 F.2d 312 (9th Cir. 1977) (unpublished memorandum). On this second appeal, we find that the district court did not err in refusing Darrow’s petition on remand. We therefore affirm. .

I. Statement of the Case

On July 16, 1973, Darrow pleaded not guilty and not guilty by reason of insanity in state court to charges of first degree murder, kidnapping and use of a firearm in committing these crimes. The court appointed two forensic psychiatrists to examine Darrow.

On July 18, Darrow attempted to withdraw his earlier pleas and to enter a plea of guilty, over the objection of his attorney. The court did not accept the change of plea at that time.

Five days later the two court-appointed psychiatrists examined Darrow. They each filed a report with the court on July 31. Both psychiatrists essentially concluded that Darrow was sane at the time he allegedly committed the crimes charged, and that he appeared to be sane at the time they…