Greyson v. Commonwealth of Kentucky
| Decision Date | 24 June 1964 |
| Docket Number | No. 15825.,15825. |
| Parties | James Andrew GREYSON, Petitioner-Appellant, v. COMMONWEALTH OF KENTUCKY and David L. Davis, Warden, Kentucky State Reformatory, Respondents-Appellees. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Frank G. Davis (Court Appointed), Cincinnati, Ohio, James A. Greyson, in pro. per., on brief, for appellant.
George F. Rabe, Frankfort, Ky., Robert Matthews, Atty. Gen., Ray Corns, Asst. Atty. Gen., Frankfort, Ky., on brief, for appellees.
Before CECIL, O'SULLIVAN and PHILLIPS, Circuit Judges.
This is an appeal from an order of the United States District Court for the Western District of Kentucky denying the appellant's petition for a writ of habeas corpus.
Greyson was convicted of robbery, under KRS 433.130, in the Circuit Court of Fayette County, Kentucky, and on April 12, 1961, was sentenced to eight years in the penitentiary. The conviction was affirmed in the Kentucky Court of Appeals. Grayson v. Commonwealth, Ky., 354 S.W.2d 761. It was claimed on behalf of the appellant on the appeal that he blacked out and that if he committed a robbery he was unaware of it. The error assigned was that the trial judge refused to instruct the jury on the law of this defense. The Court of Appeals declined to pass on the question because it was not raised on motion for a new trial. Pending the appeal the appellant filed a motion in the trial court to vacate his sentence. This motion was denied.
In September, 1962, Greyson petitioned the Oldham Circuit Court for a writ of habeas corpus. This petition was denied and in December, 1962, the Kentucky Court of Appeals affirmed the judgment in an unreported opinion. Certiorari was denied by the Supreme Court on October 14, 1963, 375 U.S. 836, 84 S.Ct. 80, 11 L.Ed.2d 66.
The appellant claims in his petition in the District Court that his fundamental rights, as set out in Section One of the Fourteenth Amendment to the Constitution of the United States, were violated by the Circuit Court of Fayette County. He says that further imprisonment "is fundamentally unfair, and contrary to the standards of Justice prescribed in like cases by the `due process', `orderly concept of liberty' and `equal protection clause' of Section 1, 14th Amendment to the United States Constitution." Specifically, the appellant claims that he was denied the effective assistance of counsel; that he had a head injury ten days before his arrest and that by reason of his suffering therefrom he was given pain-killing drugs and tranquilizers for nine months prior to the trial; that he was temporarily insane at the time the offense was committed and therefore could not form a...
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