In re Olden

On February 21, 1968, we issued an order to show cause on the basis of petitioner’s pro se application for habeas corpus alleging that he suffered a nervous breakdown because custodial officers in San Quentin mistreated him in January and February 1967, after he was placed in isolation because of his violation of prison rules. 1

Respondent’s return, filed March 15, 1968, avers that petitioner has a long-standing, serious mental and emotional problem, recognized by the psychiatric staff at San Quentin and manifestly antedating and not caused by any conditions of his imprisonment during January and February 1967. Institutional records as to petitioner, made a part of the record in this proceeding, effectively refute any suggestion that he may have been subjected to cruel punishment in violation of his fundamental rights and show that his bizarre behavior in January and February 1967 was a manifestation of his preexisting psychiatric problem. 2

*847 On March 22, 1968, Mr. Gerald Z. Marer, counsel appointed for petitioner by this court, interviewed petitioner at San Quentin. On March 29 petitioner was transferred to the Medical Facility at Vacaville, and in May 1968 Mr. Marer…