Taylor v. United States
| Decision Date | 01 November 1961 |
| Docket Number | No. 4-60 Civil 308.,4-60 Civil 308. |
| Citation | 199 F. Supp. 734 |
| Parties | James P. TAYLOR, Petitioner, v. UNITED STATES of America, Respondent. |
| Court | U.S. District Court — District of Minnesota |
George G. McPartlin, St. Paul, Minn., for petitioner.
John J. Connelly, Asst. U. S. Atty., Minneapolis, Minn., for U. S DEVITT, Chief Judge.
James P. Taylor, hereinafter referred to as the Petitioner, was the defendant in United States of America v. James Peter Taylor, Criminal No. 8746. On March 28, 1959, Petitioner moved this Court under Title 28 United States Code, § 2255, for an Order vacating sentence imposed upon him on July 5, 1956, following judgment of conviction on his plea of guilty to killing a person in attempting to avoid apprehension for bank robbery and to interstate transportation of travelers checks stolen, converted and taken by fraud, and interstate transportation of counterfeit travelers checks. Various grounds were alleged in support of this Motion, including the allegation that the Petitioner was mentally incompetent during all the proceedings before the District Court leading to his conviction and sentence.
On June 18, 1959, this Court denied Petitioner's Motion in all respects without a hearing. The Petitioner appealed to the United States Court of Appeals for the Eighth Circuit. That Court, by its decision of July 29, 1960, 282 F.2d 16, 24, upheld this Court in all respects save one: The Circuit Court held that the Petitioner was entitled to a hearing on the question of whether he was mentally competent during the proceedings against him in the District Court. The Court of Appeals by its mandate of August 24, 1960, directed that Petitioner be granted a hearing on his Motion to vacate judgment and sentence insofar as said Motion alleged Petitioner was mentally incompetent during the proceedings against him in the District Court.
On October 27, 1960, this Court ordered that the Petitioner be given a hearing by the Honorable Edward J. Devitt, Chief Judge, on the allegation in his Motion that he was mentally incompetent during the proceedings against him in the United States District Court for the District of Minnesota, and accordingly the Petitioner appeared before this Court on July 10, 11, and 12, 1961, at the hearing on said motion.
In advance of the hearing, Mr. George McPartlin, St. Paul, Minnesota, a prominent member of the Minnesota State Bar, was appointed to represent Petitioner and he appeared in behalf of Petitioner at the hearing on said motion. At the hearing, John S. Connolly, an attorney at law, of St. Paul, Minnesota, appeared on behalf of Petitioner as amicus curiae. The United States of America was represented by John J. Connelly, Assistant United States Attorney.
Prior to the above hearing and on May 17 and June 12, 1961, Petitioner appeared in Court with his counsel and Petitioner offered his sworn statements in support of his request for subpoenas for certain witnesses to testify in his behalf.
At the hearing the following persons were subpoenaed and testified in Petitioner's behalf: Walter Riordan, Attorney at Law, of Minneapolis, Minnesota; Dr. R. Settle and Dr. John Dickinson, Warden and Staff Psychiatrist, respectively, for the Medical Center for Federal Prisoners, Springfield, Missouri; Dr. Leo Vitvick, Hennepin County Jail Chaplain, Minneapolis, Minnesota; Rev. John Onan, Minneapolis, Minnesota; Douglas Stromberg, former cellmate of Taylor in 1956 in the Hennepin County Jail; and Robert Allie and James Redpath, United States Deputy Marshals, Minneapolis, Minnesota. The Petitioner's hospital records at Ancker Hospital, St. Paul, Minnesota; the Psychological Examination Report of Petitioner by George A. Giel, Clinical Psychologist, Medical Center for Federal Prisoners, Springfield, Missouri, and Petitioner's Parole Application of 1954 at the United States Reformatory, Terre Haute, Indiana, were subpoenaed and offered in evidence on Petitioner's behalf.
The Court, after hearing the testimony of the witnesses and considering the statements made by Petitioner, and the statements and arguments of counsel, and having examined all the records, files, proceedings, exhibits and medical records, and having considered the matter and being fully advised in the premises, makes the following:
Findings of Fact
That no claim that Petitioner was mentally incompetent was made during any of the proceedings leading to his conviction and sentencing on July 5, 1956 in Case No. 8746 Cr. in the United States District Court, District of Minnesota, or before March 28, 1959, when Petitioner filed his motion under Title 28 United States Code § 2255.
On December 8, 1955, Petitioner was arrested at Joplin, Missouri. He was subsequently removed to Minneapolis, Minnesota, on a warrant issued on a Commissioner's complaint charging violation of Title 18 United States Code §§ 2113 and 2314, and he was there confined in the Hennepin County Jail where he remained until July 12, 1956, when he was taken to the Federal Penitentiary at Leavenworth, Kansas.
On December 15, 1955, Petitioner first appeared before this Court, at which time he requested the Honorable Gunnar H. Nordbye to appoint one of the following three lawyers to represent him, to wit: A. Jerome Hoffmann of St. Paul, Irving Nemerov of Minneapolis, or Sydney W. Goff of St. Paul, Minnesota. When referred to herein "the Court" refers to the Honorable Gunnar H. Nordbye, unless otherwise indicated. Judge Nordbye appointed Irving Nemerov of Minneapolis, one of the attorneys requested by the Petitioner, to represent him as attorney in the Criminal No. 8746. On December 20, 1955, Petitioner was before this Court with his Court-appointed counsel and waived preliminary hearing. On February 2, 1956, an indictment in Case No. 8746 Criminal, United States District Court, District of Minnesota, was filed charging defendant with violating principally Title 18 United States Code §§ 2113 and 2314. On February 6, 1956, at the request of Mr. Nemerov, Judge Nordbye appointed Walter Riordan, attorney at law, of Minneapolis, Minnesota, as additional counsel to assist Mr. Nemerov.
On February 6, 1956, Petitioner appeared before the Court with his counsel and entered a plea of not guilty to all counts of the Indictment. On March 26, 1956, the Petitioner appeared in Court with both of his counsel and counsel then and there requested a continuance of the trial. On March 29, 1956, Petitioner appeared in Court with his counsel seeking a subpoena duces tecum for all statements made by any of the Government witnesses.
On April 6, 1956, Petitioner appeared personally before the Court, with both of his counsel, and requested the Court to change his plea from not guilty to guilty on all counts. Each count of the Indictment was read and Petitioner personally entered a separate plea of guilty to each count. Thereafter, Judge Nordbye fully explained to Petitioner the consequences of entering such pleas to the four counts of the Indictment and informed Petitioner that by entering a plea of guilty to each count, the Petitioner admitted being guilty of each and every element of the crimes alleged in the Indictment, and further advised Petitioner that if the plea of guilty were permitted to stand there could be no reservation as to the full import of Petitioner's plea of guilty. Petitioner was further fully advised by the Court that it was within the absolute right and discretion of the Court to determine whether a jury should be called to determine the question of the death penalty on Petitioner's plea of guilty to Count I, and that likewise the Court without a determination by a jury could impose sentence on Count I of not less than 10 years and up to life imprisonment. On this occasion the Petitioner fully and completely understood the Court's statement of his rights and the full import and possible consequences of his pleas of guilty, and the Court accepted the pleas of guilty only after it was satisfied that the Petitioner fully and completely understood all of his rights in connection therewith and the full import and possible consequences of his plea of guilty.
After petitioner's plea of guilty and before his sentence in the District Court, the Court directed the Federal Bureau of Investigation to investigate Petitioner's background, medical history, and prior offenses and make a report to the Court to assist it in determining the sentence which should be imposed on the Petitioner.
On April 9, 1956, the Petitioner gave a detailed oral statement to Agents of the Federal Bureau of Investigation regarding the offenses with which he was charged and to which he had entered pleas of guilty. The statement was given freely and voluntarily by Petitioner in the presence of his counsel, and when transcribed consisted of 41 typewritten pages. The statement is clear, well organized, intelligent and coherent. On April 9, 1956, the Petitioner had a clear recollection of the facts surrounding the offenses with which he was charged in the Indictment in Criminal No. 8746; he had the mental ability to relate them clearly and intelligently in his own fashion without assistance; and he was well aware of the nature and severity of his offenses.
On June 6, 1956, the Petitioner appeared in Court with both of his counsel and the Court heard argument by the United States Attorney and by both of Petitioner's counsel on the motion of the Government to empanel a jury to consider the punishment for the capital offense. The motion was later withdrawn.
A copy of the pre-sentence report of the Federal Bureau of Investigation to Judge Nordbye was delivered to counsel for Petitioner prior to his sentencing.
On July 5, 1956, Petitioner appeared before the Court for sentencing; prior to the imposition of sentence Petitioner made an oral statement to the Court, copy of which statement is attached hereto marked Exhibit "A" and made a part of these Findings;...
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Taylor v. United States
...competent counsel appointed by Judge Devitt. As a prelude to his findings of fact, conclusions of law, and order, reported in D.C., 199 F.Supp. 734, Judge Devitt recited the lengths to which the court went in according Taylor a comprehensive hearing on his claim of mental incompetency durin......
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Taylor v. United States
...his conviction and sentence were accordingly valid. Detailed findings were made by the Court, which are reported in Taylor v. United States, D.C.Minn., 199 F.Supp. 734. Upon application being made to us for leave to appeal in forma pauperis from this determination, after a certification by ......