United States v. Hendricks
Decision Date | 02 June 1954 |
Docket Number | No. 11141.,11141. |
Citation | 213 F.2d 922 |
Parties | UNITED STATES ex rel. ELLIOTT v. HENDRICKS, Deputy Commissioner, Department of Public Welfare. |
Court | U.S. Court of Appeals — Third Circuit |
William R. Pomerantz, Barnie F. Winkelman, Philadelphia, Pa., for appellant.
Randolph C. Ryder, Deputy Atty. Gen. of Pennsylvania (Frank F. Truscott, Atty. Gen. of Pennsylvania and Francis J. Gafford, Deputy Atty. Gen. of Pennsylvania, on the brief), in behalf of the Commonwealth of Pennsylvania.
Richardson Dilworth, Dist. Atty., Michael von Moschzisker, First Asst. Dist. Atty., Samuel Dash, Asst. Dist. Atty., Philadelphia, Pa., appeared to support the jurisdiction of the Court.
Warren Olney III, Asst. Atty. Gen., Robert S. Erdahl and Richard J. Blanchard, Attys. U. S. Department of Justice, on brief, for the United States.
Before BIGGS, Chief Judge, and MARIS, GOODRICH, McLAUGHLIN, KALODNER, STALEY and HASTIE, Circuit Judges.
This is an appeal from the judgment of the district court dismissing the relator's petition for habeas corpus.
The relator, Elliott, was tried in the Court of Oyer and Terminer, Philadelphia County, Pennsylvania, on the charge of murder. He was represented by counsel throughout the trial and throughout the subsequent proceedings. Indeed, counsel have been very vigilant in looking after his interests. After several days of trial, he changed his plea from not guilty to guilty. Pursuant to Pennsylvania law, three judges determined that the murder was murder of the first degree and then sat to consider the question whether the penalty to be suffered by the prisoner should be life imprisonment or death. As authorized by a Pennsylvania statute, Act of May 2, 1933, P.L. 224, the court called upon a psychiatrist to "guide" it1 with regard to the mental condition of the prisoner. The court appointed Dr. William Drayton, Jr. Dr. Drayton had been chief of the Philadelphia General Hospital psychiatric department since 1926, neuropsychiatrist in the Philadelphia Municipal Court since 1922, and associate professor of neuropsychiatry in the Graduate School of Medicine of the University of Pennsylvania.
To Dr. Drayton was turned over a file containing much of the prisoner's medical, penal and psychiatric history, which the court requested him to interpret. One member of the court stated to defendant's counsel:
The court sentenced Elliott to death. He took an appeal and the judgment was affirmed, Commonwealth v. Elliott, 1952, 371 Pa. 70, 89 A.2d 782. Subsequently, his petition to the Court of Common Pleas for a writ of habeas corpus was denied and again he appealed to the Supreme Court of Pennsylvania. Again judgment was affirmed, Commonwealth ex rel. Elliott v. Baldi, 373 Pa. 489, 96 A.2d 122, certiorari denied, 1953, 345 U.S. 976, 73 S.Ct. 1125, 97 L.Ed. 1391. He then, through his lawyers, applied to the federal district court for a writ of habeas corpus, which was denied in a thoughtfully considered opinion by Chief Judge Kirkpatrick.
Preliminarily, it is asserted that a writ of coram nobis is still available to relator in the Pennsylvania courts and that, thus, he has not exhausted his state remedies. However, we think that, although only the writ of habeas corpus was before it, the Supreme Court of Pennsylvania in effect disposed of relator's claims to both writs in its second opinion. This is not completely clear. The court speaks of possible remedies, in the situation to which it refers, as being a writ of habeas corpus or a writ of coram nobis, 373 Pa. at page 493, 96 A.2d at page 124. The scope of coram nobis is dealt with by footnote; habeas corpus is discussed more fully. But at the end of the opinion the court, in language quoted later herein, makes an all-inclusive statement to dispose of Elliott's case.
There are, then, two problems before us on this appeal.
One has to do with the constitutionality of this whole proceeding in federal court. The State of Pennsylvania, in a brief joined in by the Attorneys General of forty other states, contends that this whole process of review by inferior federal courts is unconstitutional and, of course, therefore void. This Court is unanimous in rejecting that argument.
The procedure followed in the present case, and others involving habeas corpus applications by persons held in custody after conviction in state courts, is set out in the federal statutes. The Habeas Corpus Act (28 U.S.C. § 2241 and following) gives authority for issuance of a writ when a prisoner "is in custody in violation of the Constitution or laws or treaties of the United States * *." Present section 2254 provides that an applicant must have first exhausted his state remedies. The provision allowing federal courts to extend the protection of habeas corpus to those in state custody came into the law in 1867.2 "Prior to the Civil War, habeas corpus was available in the United States courts, barring limited exceptions, only for those in federal custody."3 The constitutionality of the wider coverage was very clearly declared by Mr. Justice Harlan, speaking for the Court in Ex parte Royall, 1886, 117 U.S. 241, 249, 6 S.Ct. 734, 739, 29 L.Ed. 868:
And in Frank v. Mangum, 1915, 237 U. S. 309, 331, 35 S.Ct. 582, 588, 59 L.Ed. 969, Mr. Justice Pitney said:
"There being no doubt of the authority of the Congress to thus liberalize the common law procedure on habeas corpus in order to safeguard the liberty of all persons within the jurisdiction of the United States against infringement through any violation of the Constitution or a law or treaty established thereunder, it results that under the sections cited a prisoner in custody pursuant to the final judgment of a state court of criminal jurisdiction may have a judicial inquiry in a court of the United States into the very truth and substance of the causes of his detention, although it may become necessary to look behind and beyond the record of his conviction to a sufficient extent to test the jurisdiction of the state court to proceed to judgment against him."
Now the Commonwealth of Pennsylvania attacks the constitutionality of the 1867 extension of the habeas corpus provisions. It minimizes the forthright statement from Ex parte Royall as dictum. With this we disagree. We think it one of the bases of decision. But whether decision or dictum the correctness of its doctrine may of course be challenged again.
The Commonwealth argues that Congress may not empower a federal court to re-examine findings of fact by state tribunals otherwise than by ordering a new trial, and points to the Seventh Amendment.4
We do not find in this proceeding for habeas corpus any re-examination of facts found by a state court. Our problem is to determine whether the things that were done in the state court in prosecuting a man for a criminal offense were so unfair as to deprive him of a right under the Constitution of the United States. A reference to the Seventh Amendment seems to us wide of any mark to be shot at here. This for several reasons.
In the first place no facts were tried by a jury or by the court, for Elliott pleaded guilty. Again, Moore makes it clear that the Seventh Amendment was intended to apply only to civil cases.5 Third, the argument fails to distinguish between review of trial of facts and the question of violation of constitutional rights of one held in custody. Two Supreme Court quotations make this clear.
Thus in 1807 Chief Justice Marshall stated in Ex parte Bollman, 4 Cranch 75, 101, 8 U.S. 75, 101, 2 L.Ed. 554:
Many years later, Mr. Justice Frankfurter stated in Watts v. Indiana, 1949, 338 U.S. 49, 50-51, 69 S.Ct. 1347, 1348, 93 L.Ed. 1801:
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...were disposed of contrary to respondent's position in an opinion by Judge Goodrich speaking for the full court in United States ex rel. Elliott v. Hendricks, June 2, 1954,5 213 F.2d 922. See Id., at page 929. "We cannot have any doubt, even were the question a new one, that the federal powe......
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