Greenfield v. Gunn, 75-3703

• Decision Date: 09 June 1977
• Docket Number: No. 75-3703,75-3703
• Citation: 556 F.2d 935
• Parties: William A. GREENFIELD, Petitioner-Appellant, v. J. P. GUNN, Warden, Respondent-Appellee.
• Court: U.S. Court of Appeals — Ninth Circuit

Page 935

556 F.2d 935

William A. GREENFIELD, Petitioner-Appellant, v. J. P. GUNN, Warden, Respondent-Appellee.

No. 75-3703.

United States Court of Appeals Ninth Circuit.

June 9, 1977.

Patricia V. Trumbull, Asst. Public Defender, San Francisco, Cal., argued, for petitioner-appellant.

Herbert F. Wilkinson, Deputy Atty. Gen., San Francisco, Cal., argued, for respondent-appellee.

Appeal from the United States District Court for the Northern District of California.

Before CHAMBERS, HUFSTEDLER, and KENNEDY, Circuit Judges.

KENNEDY, Circuit Judge:

After a jury trial in California superior court, William Greenfield was convicted of assault with a deadly weapon, a violation of Cal. Penal Code § 245(a) (West 1970). The state appellate court affirmed. After unsuccessfully attempting to obtain collateral relief in the state courts, Greenfield petitioned for federal habeas corpus. Following an evidentiary hearing, the district court rejected the petition and denied the writ. We affirm.

Greenfield first argues that he was denied a hearing to determine his competency to stand trial. We interpret Greenfield's claim as alleging that the competency proceedings conducted in the state court prior to trial denied him due process. At Greenfield's arraignment on the assault charge, defense counsel reminded the presiding judge, Judge Calcagno, that he had ruled on Greenfield's competency to stand trial one month earlier. The previous charge, for an alleged drug offense, had been dismissed, but two psychiatrists had first examined Greenfield. Judge Calcagno had ruled that Greenfield was competent to stand trial. On being advised of the earlier question about Greenfield's competency, the court granted the defense motion pursuant to Cal. Penal Code § 1368 (West 1970) that Greenfield be examined again. The court appointed two psychiatrists who were not familiar with Greenfield's history.

When the psychiatric reports were filed, defense counsel met with Greenfield and suggested that he submit to further examination in view of a difference of opinion between the two new reports. One report concluded that Greenfield was legally sane, that he was able to comprehend the nature and consequences of the crime with which he was charged, and that he was able to cooperate with an attorney. The second stated that the defendant was well aware of the charges against him and that he could adequately explain what occurred at the arraignment. The second psychiatrist noted, however, that Greenfield's ability to cooperate with counsel was "somewhat impaired," since his desire was to go back to jail, where he felt safe and secure. Greenfield rejected the suggestion that he be examined further and urged counsel to "get on with the proceedings" without any further inquiry or delay.

Greenfield's competency hearing before Judge Calcagno in the assault case was attended both by Greenfield and his counsel. The defense submitted the matter to the judge on the written psychiatric reports. The court determined that Greenfield was competent to stand trial.

Where there is a genuine doubt as to a defendant's competency to stand trial, the due process clause requires that a trial court conduct a hearing on that defendant's present sanity. De Kaplany v. Enomoto, 540 F.2d 975 (9th Cir. 1976) (en banc). See also Drope v. Missouri, 420 U.S. 162, 95 S.Ct. 896, 43 L.Ed.2d 103 (1975); Pate v. Robinson, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815 (1966); Bassett v. McCarthy, 549 F.2d 616 (9th Cir. 1977); Sailer v. Gunn, 548 F.2d 271 (9th Cir. 1977). A hearing was held in this case. ¹ Greenfield's apparent contention is that the hearing was inadequate under the due process clause. We cannot agree. Greenfield had the protection of an adversary proceeding. Eskridge v. United States, 443 F.2d 440, 442 (10th Cir. 1971). See also United States v. Harlan, 480 F.2d 515 (6th Cir. 1973). Greenfield was present at the competency hearing, was represented by counsel, and had an opportunity to present evidence. There is no showing that the representation Greenfield received during the competency proceedings was in any way inadequate. Cf. Andrews v. United States, 403 F.2d 341 (9th Cir. 1968).

There may be some instances where the factual recitations in psychiatric reports introduced as evidence in a competency hearing raise unanswered questions about a defendant's competency that impose a duty on counsel to assist the court in reaching its determination "either by examination of (the psychiatrists who prepared the reports) or by offering proof of independent facts and opinion." Andrews v. United States, 403 F.2d at 344. But in the instant case we cannot say that the evidence before the trial judge was "wholly inadequate for a proper determination of (Greenfield's competency)." Id.

The evidence against Greenfield resulting in his conviction was that without provocation he had attacked two passersby on a San Francisco street, stabbing one of the victims with a pocket knife. The victims identified and pursued Greenfield before the police arrived, and Greenfield was arrested at the scene of the crime. The defendant claimed that one victim also identified him at an emergency hospital immediately after the defendant's arrest. Against this background, petitioner contends that he was denied effective assistance at trial.

Greenfield first claims that his attorney failed to explore the possibility of an unconsciousness defense. During the district court's evidentiary hearing on this claim, petitioner's counsel at the state trial, an attorney with the San Francisco Public Defender's office, testified that he had no independent recollection of petitioner's case. ² Referring to files of the public defender's office relating to petitioner, the attorney explained his handling of the case by stating that, under the circumstances, the absence of a weapon was the only potentially successful defense. The attorney testified that an unconsciousness defense, which is virtually never effective, would have been particularly ill-suited to Greenfield's case because the defendant had remembered the events leading up to the charge and had recounted these events both to the two court-appointed psychiatrists and to his first attorney from the public defender's office. Relying on this testimony, the district court concluded: "Given that petitioner had recounted the facts of the incident to several people, it appears an attorney could very reasonably determine that no viable defense based on unconsciousness could be relied upon. Indeed, petitioner testified about the events that led up to his arrest in the evidentiary hearing held by this court; he still does not appear to claim that he was (unconscious) at the time."

Similarly, there were adequate...