DocketNumber: No. 69-C-867
Citation Numbers: 302 F. Supp. 233
Judges: Judd
Filed Date: 8/1/1969
Status: Precedential
Modified Date: 11/26/2022
MEMORANDUM AND ORDER
Petitioner seeks a writ of habeas corpus. He alleges that he has been declared insane and is a patient in Matteawan State Hospital, Beacon, New York. It appears that he was indicted in 1966 for murder in the first degree by a grand jury in Kings County, but found mentally incompetent to stand trial.
The petition does not contest the constitutionality of the hearing which resulted in his present detention. He objects to the alleged refusal of the Warden
Petitioner’s papers are voluminous and indicate some degree of intelligence in their preparation. On the sanity hearing in the State Supreme Court on July 10, 1967, the psychiatrist for the People relied on the fact that petitioner had already prepared and conducted a number of pro se proceedings as evidence that he was able to understand the charges against him and assist counsel in his defense. The court was apparently persuaded to the contrary by the psychiatrist called by petitioner, who testified that petitioner was incapable of understanding the charges against him and proceeding and making his defense.
The petition and supporting papers do not show that he ha.s made any recent application in the state courts for a determination of his present sanity so that he may be brought to trial on the pending indictment. This must precede any application for such relief in the federal courts. 28 U.S.C. § 2254(b).
The reasonable regulation of petitioner’s mail is within the power of his warden. Petitioner’s objection to the application of this regulation has no merit.
The Clerk is requested to return to petitioner the transcript which he submitted.
The petition is dismissed.
So ordered.