Legal Opinion

Guenter H. Schoeller v. Walter Dunbar, Director, California Department of Corrections

Court of Appeals for the Ninth Circuit

Decided February 24, 1970No. 23270PublishedCited by 30 opinions

1Opinion of the Court

KILKENNY, Circuit Judge.*

Appellant is critical of the judgment of the District Court denying his petition for a writ of habeas corpus.

In May, 1964, appellant was charged, by indictment, with violating Sections 187 (murder) and 217 (assault with a deadly weapon with intent to commit murder) of the California Penal Code. Appellant’s privately retained counsel arranged for his examination by a private psychiatrist. After reviewing these findings, appellant and his counsel concluded that there was no insanity defense available and that appellant was mentally competent to understand the nature of…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Pate v. RobinsonSupreme Court of the United States · 1966
  2. B. J. Rhay, Superintendent, Washington State Penitentiary v. Don Anthony WhiteCourt of Appeals for the Ninth Circuit · 1967
  3. Richard Castro v. United StatesCourt of Appeals for the Ninth Circuit · 1968
  4. United States of America, Plaintiff-Respondent v. Albert James Tweedy, Jr., Defendant-PetitionerCourt of Appeals for the Ninth Circuit · 1969
  5. William Edgar Jones v. United StatesCourt of Appeals for the Ninth Circuit · 1967

3Cited by30 opinions

  1. Gilbert F. Sieling, Sr. v. Frank A. Eyman, Warden, Arizona State PrisonCourt of Appeals for the Ninth Circuit · 1973
  2. United States v. Johnnie MasthersCourt of Appeals for the D.C. Circuit · 1976
  3. James John Makal v. State of Arizona and Harold G. Cardwell, Superintendent, Arizona State PrisonCourt of Appeals for the Ninth Circuit · 1976
  4. State v. FuchsIdaho Supreme Court · 1979
  5. Dolchok v. StateAlaska Supreme Court · 1982

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