442 F2d 1337 Coffey v. E Craven

442 F.2d 1337

John Michael COFFEY, Petitioner-Appellee,
v.
Walter E. CRAVEN, Warden, California State Prison at Folsom,
Respondent-Appellant.

No. 24858.

United States Court of Appeals, Ninth Circuit.

June 9, 1971.

Joyce F. Nedde, Deputy Atty. Gen., (argued), Evelle J. Younger, Atty. Gen., San Francisco, Cal., for respondent-appellant.

Joseph A. Filippelli (argued), of Filippelli & Eisenberg, San Francisco, Cal., for petitioner-appellee.

Before CHAMBERS and CARTER, Circuit Judges, and JAMESON,1 district judge.

PER CURIAM:

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1

The order granting a writ of habeas corpus is reversed.

2

We find that Coffey's psychiatric evidence based upon observation years later was too remote to be of much value in this case in evaluating the situation at the time of trial.

3

The record seems clear that the state trial judge had no doubt as to the competency of Coffey at any critical time.

4

We cannot find that the happenings in the state process at the trial or in the legal processes preceding the trial show any denial of any federal constitutional right.

1

The Honorable William J. Jameson, United States District Judge for the District of Montana, sitting by designation