Campbell v. Superintendent, Virginia State Pen., Civ. A. No. 74-C-203-R.

• Decision Date: 16 December 1974
• Docket Number: Civ. A. No. 74-C-203-R.
• Citation: 386 F. Supp. 778
• Court: U.S. District Court — Western District of Virginia
• Parties: Ralph Odell CAMPBELL, Petitioner, v. SUPERINTENDENT, VIRGINIA STATE PENITENTIARY, Respondent.

386 F. Supp. 778

Ralph Odell CAMPBELL, Petitioner, v. SUPERINTENDENT, VIRGINIA STATE PENITENTIARY, Respondent.

Civ. A. No. 74-C-203-R.

United States District Court, W. D. Virginia, Roanoke Division.

December 16, 1974.

Wilburn C. Dibling, Jr., Asst. Atty. Gen., Richmond, Va., for respondent.

OPINION and JUDGMENT

DALTON, District Judge.

This action involves a petition for writ of habeas corpus filed by Ralph Odell Campbell, an inmate at the Virginia State Penitentiary where he is serving a forty year sentence upon a conviction by the Alleghany County Circuit Court for first degree murder. In this petition Campbell has alleged several grounds upon which federal habeas corpus relief might be granted. Petitioner alleges 1) that his constitutional rights were violated by the failure of the trial court to appoint a private psychiatrist to assist petitioner with his insanity defense plea at state expense; 2) that an involuntary confession was admitted into evidence in that petitioner was not given the Miranda warning before making an incriminating statement to a police officer; 3) that he was denied a speedy trial; 4) that highly prejudicial photographs which were admitted into evidence denied him a fair trial; 5) that he was denied the opportunity to present an important witness; and 6) that the Commonwealth Attorney made certain inflammatory remarks to the jury in his closing argument.

Respondent has filed a motion to dismiss the petition and has admitted exhaustion of state remedies by petitioner as to all his allegations save allegation number two (2) concerning the incriminating statement allegedly made before the Miranda warning was given. Because the court is of the opinion that this allegation is without merit, it will consider the allegation and assume that respondent waives the exhaustion requirement. The court allowed petitioner to proceed with this pro se action in forma pauperis by order dated November 4, 1974. The case was originally filed in the United States District Court for the Eastern District of Virginia and transferred to this court by order of that court dated October 31, 1974.

Petitioner was arrested on April 23, 1973, for the murder of his wife. On May 16, 1973, he was sent to Southwestern State Hospital for mental observation. On June 22, 1973, Southwestern State Hospital found that petitioner was mentally competent to stand trial. On August 2, 1973, a preliminary hearing was held in the District Court of the County of Alleghany which found that there was sufficient evidence upon which to certify the case to the Grand Jury. On August 22, 1973, the Grand Jury returned a true bill indicting Campbell for the murder of his wife. On December 27 and 28, 1973, Campbell was tried and convicted by a jury of first degree murder sentencing petitioner to forty years in the state penitentiary.

Petitioner's first allegation contends that the Commonwealth of Virginia had a constitutional duty to appoint at state expense a private psychiatrist to aid petitioner in the preparation of his insanity defense. In United States ex rel. Smith v. Baldi, 344 U.S. 561, 73 S.Ct. 391, 97 L.Ed. 549 (1953), the Supreme Court stated that a state does not have any constitutional duty to appoint a psychiatrist to aid an indigent defendant with his pretrial preparation. The Circuit Court for Alleghany County sent petitioner to the state mental hospital for psychiatric evaluation and this procedure satisfies all the constitutional duty upon...