Luther Tyars v. Dr. Richard Finner, Medical Director of Patton State Hospital, Patton, California

Tyars appeals the district court’s denial of his petition for a writ of habeas corpus. The district court held that Tyars was denied due process of law when compelled over objection to testify at his state involuntary commitment hearing, but concluded that the error was harmless beyond a reasonable doubt. We reverse and remand.

I

Tyars, a twenty-five-year old male, suffers from permanent mental retardation caused by a postnatal injury. His I.Q. has been measured at 48 to 57, well below the average range of 90 to 110, and his mental age has been estimated as equivalent to that of a five or six-year old. He is subject to seizures for which the anticonvulsant drugs Dilantin, phenobarbital and Mysoline, and the antipsychotic tranquilizer Thorazine, have been prescribed. He lacks rudimentary communication skills due to a physical speech impediment known as dy-sarthria, which affects the muscles controlling speech such that he is unable to enunciate words clearly. He has some difficulty performing such basic personal chores as brushing the teeth, showering and dressing.

Until 1965, Tyars resided with his family. For the next six years he lived in a “residential center” in Ontario,…

concurring in the result:

Although I applaud the majority for its seeming concern that civil commitment proceedings be conducted fairly, I find its method of handling this appeal so incongruous that I cannot join its opinion. First, the majority refuses to decide the question raised by Tyars in his habeas petition— whether the privilege against self-incrimination applies in civil commitment proceedings. Second, the majority proceeds to expound on the issue it refuses to reach, concluding in the abstract that the applicability of the privilege against self-incrimination in a civil commitment proceeding is to be judged by a flexible “fundamental fairness” test. Third, the majority then raises sua sponte a different constitutional question— whether physically restraining Tyars in the presence of the jury and using an interpreter to “translate” his testimony violated due process. Finally, the majority partially addresses the merits of the due process issue on a record the majority itself acknowledges is incomplete, and does so before knowing whether procedural defaults will preclude us from ever considering that issue as a basis for habeas relief. With that, the majority reverses the…

709 F.2d 1274 Luther TYARS, Petitioner-Appellant, v. Dr. Richard FINNER, Medical Director of Patton State Hospital, Patton, California, Respondent-Appellee. No. 81-5621. United States Court of Appeals, Ninth Circuit. Argued April 5, 1982. Submitted April 8, 1983. Decided June 21, 1983. Andrew E. Rubin, Law Offices Barry Tarlow, Los Angeles, Cal., Littleton M. Gunn, Public Defender's Office, San Bernardino Cal., for petitioner-appellant. Jay M. Bloom, San Diego, Cal., for respondent-appellee. Appeal from the United States District Court for the Central District of California. Before WALLACE and NORRIS, Circuit Judges, and BURNS, * District judge. WALLACE, Circuit Judge: 1 Tyars appeals the district court's denial of his petition for a writ of habeas corpus. The district court held that Tyars was denied due process of law when compelled over objection to testify at his state involuntary commitment hearing, but concluded that the error was harmless beyond a reasonable doubt. We reverse and remand. 2 * Tyars, a twenty-five-year old male, suffers from permanent mental retardation caused by a postnatal injury. His I.Q. has been measured at 48 to 57, well below the average range of 90 to…