John Michael Coffey, Petitioner-appellee, v. Walter E. Craven, Warden, California State Prison at Folsom, Respondent-appellant

United States Court of Appeals, Ninth Circuit. - 442 F.2d 1337

June 9, 1971

Appeal from the United States District Court for the Northern District of California; Alfonso Zirpoli, Judge.

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,* District Judge.

PER CURIAM:

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.