Coffin v. Reichard, 9933.

Citation148 F.2d 278
Decision Date18 June 1945
Docket NumberNo. 9933.,9933.
PartiesCOFFIN v. REICHARD.
CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)

Lyman Glover Coffin, of Lexington, Ky., in pro. per.

Claude P. Stephens, of Lexington, Ky. (Ben L. Kessinger, of Lexington, Ky., on the brief), for appellee.

Before ALLEN, HAMILTON and McALLISTER, Circuit Judges.

Writ of Certiorari Denied June 18, 1945. See 65 S.Ct. 1568.

ALLEN, Circuit Judge.

This is an appeal from an order of the District Court denying a writ of habeas corpus. The case has previously been before this court in a proceeding in which we directed that the appellant's petition for writ of habeas corpus, although very informally framed, be filed; that counsel be appointed to represent appellant, and that a show cause order be issued directed to the appellee, the medical officer in charge of United States Public Health Service Hospital at Lexington, Kentucky. Coffin v. Reichard, 6 Cir., 143 F.2d 443. A practicing attorney of the Lexington bar was appointed to represent appellant, and the matter was heard by the District Court upon oral testimony, including that of appellant, and certified court records and affidavits. Several witnesses testified on behalf of both appellant and appellee. The matter was given a full hearing, the appellant being granted additional time for securing affidavits. Upon submission, the court found that the application for writ of habeas corpus was without merit, and dismissed the petition.

Appellant was indicted February 27, 1942, in the United States District Court for the Western District of Missouri, Western Division, charged with violation of § 3793 of Title 26, U.S.C., 26 U.S.C.A. Int.Rev.Code, § 3793, by forging the name of Dr. George L. Ivey to a prescription for morphine sulphate.1 He was represented by counsel, and on March 11, 1942, pleaded guilty to the indictment and was sentenced to serve five years in the penitentiary. The sentence was suspended and the appellant placed on probation on condition that he enter a United States Public Health Service Hospital and remain until he was cured of the narcotic habit. May 10, 1943, the probation was revoked and the suspension of sentence set aside, and appellant was ordered to serve the original sentence in an institution designated by the Attorney General of the United States.

Appellant's principal contentions are that at the time he pleaded guilty he was physically ill and mentally incapable of discussing intelligently with his attorney as to his defense or the nature of the plea that he should enter; that a confession was obtained from him while he was incommunicado; and also that while confined in the hospital at Lexington in the custody of the appellee he has been subjected to bodily harm, cruelty and injury by guards of the institution and his co-inmates, and that he therefore is entitled to the issuance of the peremptory writ. We do not discuss the question of the confession since it was not used against the appellant. As appellant pleaded guilty, he admitted in open court doing the acts charged.

On the question whether the appellant was incapable of understanding the meaning of his plea of guilty, the District Court found that he was physically and mentally competent to know and understand the nature of his case at the time of arraignment, at the time of entering his plea, and at the time of revocation of his probation on May 10, 1943. At the time appellant pleaded guilty he was represented by reputable counsel, who the Assistant United States Attorney states in an affidavit was a friend of appellant and his family. Upon the occasion...

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5 cases
  • Fulwood v. Clemmer
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • 14 Agosto 1961
    ...with discipline or treatment in a place of legal confinement * * *." 92 U.S. App.D.C. at page 115, 206 F.2d at page 420. 3 See also 6 Cir., 148 F.2d 278, certiorari denied 325 U.S. 887, 65 S.Ct. 1568, 89 L.Ed. ...
  • State ex rel. Cole v. Tahash, 39235
    • United States
    • Minnesota Supreme Court
    • 24 Julio 1964
    ...determined that there was no cruel and unusual punishment. Upon appeal the decision of the trial court was affirmed. See, Coffin v. Reichard (6 Cir.) 148 F.2d 278. ...
  • United States v. Hiss
    • United States
    • U.S. District Court — Southern District of New York
    • 4 Enero 1950
    ...but goes to the jury to affect credibility. District of Columbia v. Armes, 107 U.S. 519, 2 S.Ct. 840, 27 L.Ed. 618; Coffin v. Reichard, 6 Cir., 148 F.2d 278, certiorari denied 325 U.S. 887, 65 S.Ct. 1568, 89 L.Ed. 2001; United States v. Pugliese, 2 Cir., 153 F.2d Since the use of psychiatri......
  • Coonts v. Wainwright
    • United States
    • U.S. District Court — Middle District of Florida
    • 29 Febrero 1968
    ...the cause as a Petition for Writ of Habeas Corpus. Coffin v. Reichard, 143 F.2d 443, 445, 155 A.L.R. 143 (6th Cir. 1944); 148 F.2d 278 (6th Cir. 1945), cert. denied, 325 U.S. 887, 65 S.Ct. 1568, 89 L.Ed. 2001 A prisoner is entitled to the writ of habeas corpus when, though lawfully in custo......
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