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

WALLACE, Circuit Judge:

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…