James v. Boles, No. 9503.
| Court | United States Courts of Appeals. United States Court of Appeals (4th Circuit) |
| Writing for the Court | HAYNSWORTH and BRYAN, Circuit , and GORDON |
| Citation | 339 F.2d 431 |
| Parties | Clayton W. JAMES, Appellant, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Appellee. |
| Decision Date | 20 November 1964 |
| Docket Number | No. 9503. |
339 F.2d 431 (1964)
Clayton W. JAMES, Appellant,
v.
Otto C. BOLES, Warden of the West Virginia State Penitentiary, Appellee.
No. 9503.
United States Court of Appeals Fourth Circuit.
Argued October 9, 1964.
Decided November 20, 1964.
Paul L. Teare, Wheeling, W. Va. (Court-assigned counsel), for appellant.
George H. Mitchell, Asst. Atty. Gen. of W. Va. (C. Donald Robertson, Atty. Gen. of W. Va., on brief), for appellee.
Before HAYNSWORTH and BRYAN, Circuit Judges, and GORDON, District Judge.
GORDON, District Judge:
Petitioner appeals from an order of the United States District Court for the Northern District of West Virginia dismissing his petition for habeas corpus. The decision of the District Court is affirmed.
At the January 1962 Term of the Intermediate Court of Kanawha County, the petitioner was indicted by the Grand Jury for statutory rape of his fourteen-year-old stepdaughter, who was also his adopted daughter. The offense was alleged to have occurred December 15, 1961. At his trial the Intermediate Court for Kanawha County, which was held March 5-6, 1962, petitioner was represented by privately employed counsel. Petitioner was found guilty, and he was sentenced to life imprisonment.
Earlier, on April 24, 1961, petitioner had been found mentally ill by the Kanawha County Mental Hygiene Commission and then he had been committed to Spencer State Hospital. The staff of the latter institution concluded on May 17, 1961, that James exhibited a "schizophrenic reaction, paranoid type," a form of psychosis which had been present for many years. On July 21, 1961, petitioner had been released from the hospital upon a "trial visit," the hospital staff being of the opinion that he was then in a quiescent period.
Petitioner appealed to the Circuit Court of Kanawha County, West Virginia, which Court said in its decree that the judgment of the lower court was "plainly right" and held against the petitioner. Petitioner then applied to the Supreme Court of Appeals of West Virginia for a writ of habeas corpus. The petition was denied. Application was made to the Supreme Court of the United States for a writ of certiorari which was denied. 375 U.S. 907, 84 S.Ct. 200, 11 L.Ed.2d 147. Petitioner then made application for a writ of habeas corpus in the United States District Court for the Northern District of West Virginia, which after a hearing was refused. From the latter court, this appeal arose.
Petitioner contends that he was not...
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Lee v. State of Alabama, No. 22994.
...he has a rational as well as factual understanding 386 F.2d 110 of the proceedings against him." In James v. Boles, 4 Cir., 1964, 339 F.2d 431, the court citing Lyles v. United States, 1957, 103 U.S.App.D.C. 22, 254 F.2d 725, 729, 730, pointed out that a criminal defendant may have a m......
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State ex rel. Richmond v. Henderson
...Ernst's Petition, 294 F.2d 556 (3d Cir.), cert. denied, 368 U.S. 917, 82 S.Ct. 198, 7 L.Ed.2d[222 Tenn. 600] 132 (1961); James v. Boles, 339 F.2d 431 (4th Cir. 1964); Snider v. Cunningham, 292 F.2d 683 (4th Cir. 1961), cert. denied, 375 U.S. 889, 84 S.Ct. 154, 11 L.Ed.2d 119 (1963); Snead v......
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Springer v. Collins, Civ. No. K-76-1084.
...itself. Cf. Pate v. Robinson, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815 (1966). Footnote omitted. On the other hand, in James v. Boles, 339 F.2d 431 (4th Cir. 1964), the Court held that effective assistance of counsel had been rendered to petitioner, even though the latter's trial counsel ......
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Sensabaugh v. Beto, Civ. No. 4-1416.
...do not have the weight on the question of mental incompetency that a final adjudication, never set aside, does. James v. Boles, 4 Cir., 339 F.2d 431 (1964); Rice v. United States, 5 Cir., 420 F.2d 863 (1969); Tanner v. United States and McGarrity v. Beto, both supra, n. 13 Petitioner was un......
-
Lee v. State of Alabama, No. 22994.
...whether he has a rational as well as factual understanding 386 F.2d 110 of the proceedings against him." In James v. Boles, 4 Cir., 1964, 339 F.2d 431, the court citing Lyles v. United States, 1957, 103 U.S.App.D.C. 22, 254 F.2d 725, 729, 730, pointed out that a criminal defendant may have ......
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State ex rel. Richmond v. Henderson
...Ernst's Petition, 294 F.2d 556 (3d Cir.), cert. denied, 368 U.S. 917, 82 S.Ct. 198, 7 L.Ed.2d[222 Tenn. 600] 132 (1961); James v. Boles, 339 F.2d 431 (4th Cir. 1964); Snider v. Cunningham, 292 F.2d 683 (4th Cir. 1961), cert. denied, 375 U.S. 889, 84 S.Ct. 154, 11 L.Ed.2d 119 (1963); Snead v......
-
Springer v. Collins, Civ. No. K-76-1084.
...itself. Cf. Pate v. Robinson, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815 (1966). Footnote omitted. On the other hand, in James v. Boles, 339 F.2d 431 (4th Cir. 1964), the Court held that effective assistance of counsel had been rendered to petitioner, even though the latter's trial counsel ......
-
Sensabaugh v. Beto, Civ. No. 4-1416.
...do not have the weight on the question of mental incompetency that a final adjudication, never set aside, does. James v. Boles, 4 Cir., 339 F.2d 431 (1964); Rice v. United States, 5 Cir., 420 F.2d 863 (1969); Tanner v. United States and McGarrity v. Beto, both supra, n. 13 Petitioner was un......