Phyle v. Duffy

I concur in the judgment.

Petitioner contends that under the decision of the United States Supreme Court in Phyle v. Duffy, 334 U.S. 431 [68 S.Ct. 1131, 92 L.Ed. 1494], he is entitled to the judicial hearing that this court has denied him.

Neither that decision nor any provision of the United States Constitution gives petitioner the right to an initial judicial determination of his restoration to sanity or to a judicial review of an administrative determination thereof. The statutes of this state, as construed in In re Phyle, 30 Cal.2d 838 [186 P.2d 134], preclude both a judicial hearing and…