Karstetter v. Cardwell

OPINION

Before KOELSCH and ELY, Circuit Judges, and JAMESON,* District Judge. KOELSCH, Circuit Judge:

Petitioner Karstetter appeals from the denial of his petition for a writ of habeas corpus. Having considered the State’s contentions regarding the timeliness of the appeal, we conclude it is properly before us; we deny the motion to dismiss and turn to the merits.

Petitioner was tried and convicted by an Arizona state court for murder. Pri- or to trial, petitioner filed a notice of intention to plead not guilty by reason of temporary insanity; the trial judge thereupon ordered him to submit to a…