Milani v. United States, 14042.

CourtUnited States Courts of Appeals. United States Court of Appeals (7th Circuit)
Citation319 F.2d 441
Docket NumberNo. 14042.,14042.
PartiesJoseph H. MILANI, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.
Decision Date15 August 1963

Richard Calkins, Chicago, Ill., Joseph H. Milani, pro se, for appellant.

Carl W. Feickert, U. S. Atty., Walter D. Williams, Asst. U. S. Atty., E. St. Louis, Ill., for appellee.

Before HASTINGS, Chief Judge, and DUFFY and KILEY, Circuit Judges.

DUFFY, Circuit Judge.

Petitioner is presently confined in a federal penitentiary under sentence by the United States District Court for the Eastern District of Illinois, Judge William G. Juergens, presiding.

At this trial, petitioner was represented by able counsel. Neither petitioner nor his then counsel urged or suggested that petitioner was mentally incompetent at the time of the trial.

Thereafter, petitioner filed a motion under 28 U.S.C. § 2255. In the motion he alleged he was mentally incompetent during the trial. He also filed an affidavit that "about December 3, 1952" he was committed "as a mental patient in the Psychiatric Division of the Illinois State Penitentiary, Menard, Illinois."

The District Court denied the motion because the question of petitioner's mental incompetency had not been raised before or at the time of the trial; that the alleged commitment to the Psychiatric Division at Menard was not brought to the attention of the trial court. The District Court pointed out that he had observed petitioner's behavior and his cooperation with his attorney at the trial and believed the petitioner to be mentally competent.

On appeal, we reversed the District Court, 304 F.2d 627. In our opinion we stated, page 628: "We do not hold that the motion entitled petitioner to a hearing as contemplated by Bishop v. United States, 96 U.S.App.D.C. 117, 223 F.2d 582 * * *. We do decide that the District Court should order the records of the Menard institution produced in court in aid of petitioner's claim. Upon this step being taken, the District Court may then determine whether or not `the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief,' and accordingly whether or not a hearing is required. Machibroda v. United States, 368 U.S. 487, 494, 82 S.Ct. 510, 7 L.Ed.2d 473 (1962)."

Upon remand Judge Juergens not only reviewed the records of the petitioner at the Illinois penitentiary at Menard, but also the records pertaining to the petitioner at Joliet, Statesville Unit, and the records from the Division of Criminology of the State of Illinois.

Judge Juergens carefully examined the progress reports and the classification reports of March 3, 1947 through January 16, 1961 of the psychiatrist and the psychologist, which showed Milani was an emotionally unstable individual — immature personality reactions — without psychosis — not mentally ill — superior intelligence — no need to transfer to Psychiatric Division. The report of December 9, 1952, recited that Milani "was placed within the Psychiatric Division to protect him from other inmates whom he had angered by discussing their parts in the riot which occurred in the fall of 1952."

At the time of his final discharge from Menard on April 5, 1960, Milani was classified as not mentally ill and not in need of mental treatment.

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7 cases
  • State v. Mulqueen
    • United States
    • Iowa Supreme Court
    • June 17, 1971
    ...v. United States, 369 U.S. 438, 446, 82 S.Ct. 917, 921--922, 8 L.Ed.2d 21.' 28 U.S.C. § 2255 was also involved in Milani v. United States, 319 F.2d 441 (7 Cir.), and the court stated at 'As part of the relief asked by petitioner in forma pauperis was his request for the appointment of couns......
  • Harrell v. United States
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • February 3, 1967
    ...ill", we held that it was reversible error to refuse an in forma pauperis request for the appointment of counsel. Milani v. United States, 319 F.2d 441, 443 (7th Cir. 1963). Under Milani, counsel should have been appointed In addition to petitioner's emotional state, other facets of the cas......
  • United States ex rel. Worlow v. Pate, 16970
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • July 16, 1969
    ...habeas corpus proceedings may be required in certain cases, Campbell v. United States, 318 F. 2d 874 (7th Cir. 1963), Milani v. United States, 319 F.2d 441 (7th Cir. 1963), "appointment of counsel for indigents in habeas corpus and section 2255 proceedings rests in the sound discretion of t......
  • LaClair v. United States
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • January 11, 1967
    ...F.2d 445 (9th Cir. 1962), and this court's decisions in Campbell v. United States, 318 F.2d 874 (7th Cir. 1963), and Milani v. United States, 319 F.2d 441 (7th Cir. 1963). The courts in both Marshall and Dillon declined to depart from the established rule that the Sixth Amendment does not a......
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