Danny Gene Fritchie v. D. J. McCarthy Superintendent

The petitioner-appellant in this habeas corpus action, having previously been acquitted of murder in Florida in 1970' by reason of insanity, is currently serving a life sentence in a California state prison pursuant to a 1974 conviction in Los Angeles for first degree murder and armed robbery. He appeals from the denial of his petition brought in the Central District of California under 28 U.S.C. § 2254 . The issues raised here are whether the use of appellant’s confession to the prior murder was a violation of his rights under the Fifth and Fourteenth Amendments, and whether he was denied the effective assistance of counsel because his court-appointed lawyer failed to offer a defense based on mental incapacity. Petitioner unsuccessfully pursued his claim for release on habeas corpus before the California courts and thereafter reasserted the identical grounds before the United States District Court below. The district court, which adopted the United States Magistrate’s report and recommendation as its opinion, ordered the state of California to disregard Fritchie’s robbery conviction in determining his release date or eligibility for parole. The state has not appealed from that…