People v. Bibb

• Decision Date: 18 February 1958
• Docket Number: No. 12064.,12064.
• Citation: 252 F.2d 217
• Parties: The PEOPLE of the United States of America ex rel. Earl Henry TURNBAUGH, Petitioner-Appellant, v. Joseph D. BIBB, Director of Department of Public Safety; Ross V. Randolph, Warden, Illinois State Penitentiary, Menard, Illinois; Grove B. Smith, Psychiatrist, Menard, Illinois, Respondents-Appellees.
• Court: U.S. Court of Appeals — Seventh Circuit

252 F.2d 217 (1958)

The PEOPLE of the United States of America ex rel. Earl Henry TURNBAUGH, Petitioner-Appellant, v. Joseph D. BIBB, Director of Department of Public Safety; Ross V. Randolph, Warden, Illinois State Penitentiary, Menard, Illinois; Grove B. Smith, Psychiatrist, Menard, Illinois, Respondents-Appellees.

No. 12064.

United States Court of Appeals Seventh Circuit.

February 18, 1958.

Richard James Stevens, Chicago, Ill., for appellant.

Latham Castle, Atty. Gen., Theodore G. Maheras, William C. Wines, Asst. Attys. Gen., of counsel, for appellees.

Before DUFFY, Chief Judge, and FINNEGAN and SCHNACKENBERG, Circuit Judges.

DUFFY, Chief Judge.

Petitioner, now confined in the Illinois State Penitentiary at Menard, Illinois, as a criminal sexual psychopath under Chapter 38, §§ 820-825, Illinois Revised Statutes, instituted this action in the District Court under the Civil Rights Statute, Title 42 U.S.C.A. § 1983.

Petitioner prays for the issuance of a writ of injunction ordering his release from further confinement. He charges that his confinement deprives him of his constitutional right to a speedy trial, and that the Illinois Sexual Psychopath Act under which his confinement was ordered, violates the Fourteenth Amendment to the Constitution of the United States.

The District Court allowed the petitioner to proceed in forma pauperis, and after consideration, ordered that his petition be dismissed. Petitioner thereafter filed his notice of appeal to this Court and he was again permitted to proceed in forma pauperis.

On his appeal, this Court appointed Richard James Stevens, Esq., as counsel to represent petitioner. Mr. Stevens has very thoroughly and ably discharged this assignment.

The proceedings resulting in petitioner's confinement may be summarized as follows: On September 25, 1950, petitioner was arrested charged with contributing to the delinquency of a female minor in violation of Chapter 38, § 104, Illinois Revised Statutes. Shortly after his arrest a two-count indictment was filed against him in the Criminal Court of Cook County, Illinois, charging him with violations of the statute last mentioned. He does not appear to have been released on bail at any time, nor does it appear what plea, if any, was entered to the charges set forth in the indictment. On January 4, 1951, the State's Attorney of Cook County filed a petition in his name in the Criminal Court of Cook County under Chapter 38, §§ 820-825, alleging among other things that petitioner was suffering from a mental disorder, though not insane or feeble minded; that the mental disorder had existed for more than one year; and that petitioner was deemed a criminal psychopathic person. The prayer of the State's Attorney's petition demanded that the Court appoint two qualified psychiatrists to examine petitioner for the purpose of ascertaining whether he was then a criminal psychopathic person, and to file with the Court a report in writing of such examination including their conclusions and recommendations as provided by law.

Chapter 38, §§ 820-825, Illinois Revised Statutes, under which such petition was filed, has been held to be valid and constitutional. People v. Ross, 344 Ill.App. 407, 101 N.E.2d 112. If, in proceedings under such statutes, the jury shall determine that the person proceeded against is a criminal psychopathic, such person shall be committed to the Department of Public Safety of Illinois for confinement until a jury shall determine that such person has fully recovered, at which...