MEMORANDUM OPINION
WINNER, Judge.
On January 5, 1965, when 16 years old, Bresnahan pleaded guilty to the murder of his mother and father on August 3, 1964, and he was sentenced to two concurrent life sentences. By petition for a writ of habeas corpus, filed by his guardian ad litem, he seeks release from confinement in the Colorado State Penitentiary. He asserts that his pleas were constitutionally infirm because:
(a) The pleas were involuntary in that they rested on improper persuasion on the part of his maternal grandparents and his attorney.
(b) His attorney had a conflict of interest because he was being paid by the maternal grandparents.
(c) His attorney failed to pursue a valid defense not guilty by reason of insanity and his attorney misadvised petitioner as to the consequences of the guilty pleas.
(d) The trial judge should have held a competency hearing on his own motion.
(e) The guilty pleas were not intelligently entered.
Before discussing petitioner's contentions, we summarize the long history of the case subsequent to imposition of the sentences. In an interpleader action concerning life insurance proceeds, Edward L. Wood was appointed guardian ad litem, and he commenced post conviction proceedings in the state courts advancing essentially the same contentions there that he makes here. The case first went to the Colorado Supreme Court in Bresnahan v. Luby (1966) 160 Colo. 455, 418 P.2d 171. It was there held that the trial judge did not have to disqualify himself because of Bresnahan's claim that he was going to call Judge Luby as a witness. The next report of the case is Bresnahan v. District Court (1967) 164 Colo. 263, 434 P.2d 419, in which Judge Luby was ordered to make available to Bresnahan's counsel, "all documents, letters and reports which were before him as of the time he permitted Bresnahan to plead guilty to murder of the first degree." Following this order, a hearing was held before Judge Luby on September 17, 1968, and he took the matter under advisement. The judge retired without deciding the case, and Harold A. Grant, who had been district attorney at the time of Bresnahan's guilty pleas was appointed to replace Judge Luby. Judge Grant disqualified himself, and Judge Shannon was appointed to decide the case based on the reporter's transcript of the hearings before Judge Luby. He ruled against Bresnahan on November 7, 1969, and in doing so, he made full findings of fact supporting his conclusions that Bresnahan was not entitled to relief. Once more the case went to the Colorado Supreme Court, and in Bresnahan v. People (1971) Colo., 487 P.2d 551, Judge Shannon's decision was affirmed in a full opinion by the Colorado Court. It was there held:
1. In a Colorado Rule 35(b) proceeding which is similar to a proceeding under 28 U.S.C. § 2255 Petitioner has the burden of proof, and the state is under no duty to present any evidence if it believes that petitioner has failed to meet that burden.
2. Although a trial court should act with great caution in accepting a guilty plea from a 16-year old, such a defendant is competent, and the record shows "that the trial judge carefully and properly handled this phase of the proceedings. The trial judge fully complied with the requirements of McCarthy v. United States, 394 U.S. 459, 89 S. Ct. 1166, 22 L.Ed.2d 418."
3. The trial judge committed defendant for psychiatric observation, and the reports he received showed that the defendant was sane although emotionally disturbed. The information available to the trial judge showed that defendant was above average for a person of his years, and there was no reason for the trial judge to question Bresnahan's competency.
4. The pleas were voluntary and intelligent under the tests of Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747. The Colorado Court's opinion details much of the evidence on which this conclusion is based, and we do not repeat it here.
5. The fact that defendant's grandparents employed his attorney didn't result in a conflict of interest, especially when defendant had full knowledge of the circumstances of the employment, and when he knew he could have court appointed counsel. "That the grandparents were not inherently adverse parties to defendant is clearly indicated by their concern for defendant's welfare as expressed by voluntarily assuming the burden of hiring counsel for him, by their frequent trips to visit defendant on which occasions they supplied him with items which he desired, and by their letters to him during the pendency of proceedings."
6. Counsel's advice as to sentence possibilities was not error, particularly when "he indicated with probable accuracy the paths which defendant might follow and the probable consequences."
7. Counsel's failure to pursue the insanity defense resulted from the desire of defendant. ". . . defendant was unhappy with counsel for entering that very plea originally. Defendant testified that one of his reasons for avoiding the insanity plea was the possibility that he might be successful and spend his life in a mental institution even though counsel had not foreclosed the possibility that defendant might be released in a few years."
Five months after the Colorado Supreme Court's decision in Bresnahan v. People, this case was filed, and four days' testimony has been received.1 The evidence fully supports and we agree with the findings of Judge Shannon as affirmed by the Supreme Court of Colorado, but we consider and make findings and conclusions as to petitioner's various positions in the course of this opinion.
Bresnahan was arrested shortly after the bodies of his parents were discovered. His maternal grandparents employed Williams to represent him. Williams had done some title work and estate work for members of the grandparents' family, but there was no long or close relationship between Williams and the grandparents. Over Bresnahan's initial objection, Williams entered pleas of not guilty by reason of insanity for him. In accordance with Colorado law, Bresnahan was sent for psychiatric evaluation. Three psychiatrists at the University of Colorado Medical Center examined him in late August and early September, 1964. Drs. Macdonald, Redman and Langsley, in separate reports, all reported that he was legally sane at the time of the commission of the offense and at the time of their examination, although comment was made that he had a character disorder and needed psychiatric treatment.2 Comment was made that he was above average in intelligence, and this comment is fully supported by the Court's observation of petitioner and by his testimony at time of trial.
Williams met with Bresnahan at the jail in Leadville, Colorado, on several occasions, and on October 14, 1964, he wrote him a six page letter outlining the problems with which petitioner was faced. Among others, the letter discussed these points:
(1) "If you plead guilty, the sentence would be life imprisonment, with the strong probability that you would be paroled after serving ten years. As you know, you have been charged with two murders. This means two life imprisonment sentences would be imposed. The Judge can order these sentences to run either consecutively or concurrently. We have discussed the meaning of these terms, and you understand them. There is a good probability that the Judge will order the sentences to run concurrently, so that you could expect to be paroled after serving ten years. However, no guarantee can be made at present that the Judge will order the sentences to run concurrently. If you plead guilty, the chances for concurrent sentences being imposed are better than if you plead not guilty, force the state to trial, and are found guilty and sane."
(2) If found guilty and sane after trial, the sentences would probably be consecutive, and in such event it is probable that ten years of each sentence would have to be served before parole. "However, if you make good progress toward rehabilitation, it is possible that the parole board could in some manner not now known bring it about that you would be paroled not sooner than ten years but before twenty years."
(3) "If you go to trial on the not guilty by reason of insanity, and are found to be insane, you would be sentenced to a mental institution until you are pronounced cured. This sentence could result in your being hospitalized all the rest of your life. At present, the facilities of the hospital at Pueblo are overcrowded, and many people sentenced to Pueblo actually serve their time in the penitentiary at Canon City. The words `mental institution' and `hospital' should not be interpreted to mean that these are pleasant places. Pueblo is not a pleasant place."
(4) It is possible that should you originally be found insane, you would be found to be sane and that you would be released in a few years, but the chances for this are not very good.
(5) "Your grandfather and I have urged you very strongly to plead guilty, serve your sentence, and be paroled; but we do not want to insist that you do so. Until you went to the Colorado Psychopathic Hospital, you wanted to plead guilty and take your punishment, and were displeased with me that I had let you be sent to the hospital. Since returning from the hospital, however, you have indicated that you should go to trial on the plea of not guilty by reason of insanity." The letter then comments on page two that Bresnahan had reported to Williams that Dr. Langsley had said that Bresnahan would be released after two or
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