Higgins

United States v. Higgins

Good Law
103 F. Supp. 481·1952 U.S. Dist. LEXIS 4510
United States District Court, Southern District of CaliforniaMarch 7, 1952Cr. No. 21327California1,639 words

Opinion

lead Opinion

Westover, J.

The petitioner in this case was accused of violating the postal laws of the United States. He was brought into court and at the suggestion of the trial judge a hearing was had to determine the sanity of the petitioner. The matter was transferred to the Honorable Judge Ling of Arizona, who then was sitting in Los Angeles and who held an extensive hearing, at the conclusion of which he found petitioner was not mentally competent to stand trial and ordered his commitment to a mental institution.

Subsequent thereto petitioner has filed various writs and applications by which he has endeavored to be released from custody. Recently this department held an extended hearing to determine whether or not, at the date of hearing, defendant was mentally competent to stand trial. At the conclusion of the hearing this court found the petitioner was still incompetent and ordered his continued confinement.

The record in this case discloses that the petitioner has appeared in pro. per. and on many occasions and the court in order to protect the -rights of the petitioner appointed counsel. Invariably petitioner has fallen out with counsel so appointed and has discharged or demanded the discharge…

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