Leonard v. Eyman, 2
| Decision Date | 30 September 1965 |
| Docket Number | No. 2,CA-CR,2 |
| Citation | 405 P.2d 903,1 Ariz.App. 593 |
| Parties | Royal LEONARD, Appellant, v. Frank A. EYMAN, Warden, Arizona State Prison, the State of Arizona, et al., Appellees. 27. |
| Court | Arizona Court of Appeals |
Royal Leonard, in pro. per.
Darrell F. Smith, Atty. Gen., James S. Tegart, Asst. Atty. Gen., Phoenix, for appellees.
Appellant, Royal Leonard, pleaded guilty in the Superior Court of Maricopa County, Arizona, on November 7, 1962, to the charge of aggravated battery and imposition of sentence was suspended for a period of one year. Defendant violated the terms of his probation and on May 22, 1963, the court revoked appellant's probation in Case No. 40855, and sentenced him to imprisonment in the Arizona State Prison for a term of not less than four years nor more than five years.
In the meantime, on March 2, 1963, appellant shot and killed his mother-in-law, wounded his sister-in-law and shot at his father-in-law several times, missing him. Complaint was filed charging appellant in one count of murder and three counts of assault with a deadly weapon.
Trial was held in the Superior Court of Maricopa County and on November 16, 1963, the jury returned verdicts on all four counts of not guilty by reason of insanity. An order of release was issued by the court.
A petition for the examination of appellant as a mentally ill person under the provisions of A.R.S. § 36-502 was filed and after the hearing the appellant was committed to the Arizona State Hospital. The trial court had previously ordered that the appellant, if committed, be returned to the Arizona State Prison for carrying out the provisions of the previous sentence upon his discharge from the Arizona State Hospital.
On October 1, 1964, appellant was given a complete discharge from the Arizona State Hospital and was transferred to the Arizona State Prison to serve the sentence imposed by the revocation of probation in Case No. 40855.
On March 25, 1965, appellant filed an application in the Superior Court of Pinal County for writ of habeas corpus. Appellant was given an opportunity to be heard but elected to stand on the pleadings. On April 30, 1965, the court entered an order denying the application for a writ of habeas corpus and from that order this appeal is taken.
The only grounds for appeal set forth in the appellant's opening brief is the failure to appoint counsel to prosecute this appeal.
There is no question that a defendant a criminal prosecu...
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Palmer v. State
...Applications of Oppenheimer, 95 Ariz. 292, 389 P.2d 696; cf. Application of Dutton, 95 Ariz. 96, 387 P.2d 799; Leonard v. Eyman (September 30, 1965), 1 Ariz.App. 593, 405 P.2d 903. We hold there was no deprivation of petitioner's fundamental right to Finally, petitioner contends he was deni......
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... ... See Oswald v. Martin, 70 Ariz. 392, 222 P.2d 632 (1950); Eyman v. Cumbo, 99 Ariz. 8, 405 P.2d 889 (1965); Leonard v. Eyman, 1 Ariz.App. 593, 405 P.2d [6 Ariz.App ... '1. The petitioner may appeal from an order or judgment refusing his discharge ... '2. The officer having the custody of the petitioner, or the county attorney on behalf of the state, ... ...
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Tuzon v. MacDougall
...nature. Powell v. State, 19 Ariz.App. 377, 507 P.2d 989 (1973); State v. Bost, 2 Ariz.App. 431, 409 P.2d 590 (1966); Leonard v. Eyman, 1 Ariz.App. 593, 405 P.2d 903 (1965); Collins v. Heinze, 217 F.2d 62 (9th Cir.1954), cert. den. 349 U.S. 940, 75 S.Ct. 786, 99 L.Ed. 1268 (1954). There is n......
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Powell v. State
...to test the legality of and correctness of detention. Application of Anderson, 6 Ariz.App. 563, 435 P.2d 70 (1967); Leonard v. Eyman, 1 Ariz.App. 593, 405 P.2d 903 (1965). There is no right to appointment of counsel in a civil proceeding in the State of Arizona. Leonard v. Eyman, Petitioner......