Smith v. Superior Court

FRAMPTON, J. pro tem.* On March 5, 1965, petitioner, in propria persona, filed a document in this court entitled “Petition for a Writ of Habeas Corpus and a Jury Trial.” From this document it appears that petitioner in the respondent court had demanded, and had been refused, a jury trial on the issue of his then sanity. This court treated the document as a petition for a writ of mandate and issued an order to show cause why a peremptory writ should not issue directing the respondent court to conduct a hearing, before a jury, on the issue of petitioner’s present sanity.

The petition, and the return filed on behalf of the respondent court by the Attorney General, disclosed the following : On November 16, 1959, petitioner was committed to Atascadero State Hospital under the provisions of section 5100 of the Welfare and Institutions Code, and he has been at all times since then and now is confined therein as a mentally ill person. On January 21, 1965, petitioner filed, in the respondent court, a petition for writ of habeas corpus in which petition he alleged in substance that he had recovered from any and all mental illness and was entitled to his release from the state hospital. Hearing on such petition was held on March 1, 1965, and the transcript of the oral proceedings therein shows that the petitioner at the outset objected to a [3]hearing by the trial judge sitting without a jury and that he demanded a jury trial on the issue of his then sanity. Petitioner urged that his right to trial by jury on such issue was provided by section 6735 of the Welfare and Institutions Code. The respondent court denied petitioner’s demand for a jury trial but did conduct a hearing on the petitioner’s present mental condition. At this hearing Dr. Edward A. Posell testified that he was a medical doctor licensed to practice his profession in the State of California and that he specialized in psychiatry. That he was practicing in his specialty at Atascadero State Hospital and was a senior psychiatrist in charge of one section of the hospital. That he had access to, and had examined and reviewed, the official records of the hospital pertaining to the petitioner. Such record was produced and was available in court at the hearing. He testified further that he had interviewed petitioner prior to coming to court. That the official file of the hospital disclosed that petitioner was last “staffed” on January 5, 1965, and the official conclusion from such “staffing” was that petitioner was still mentally ill with the diagnosis “schizophrenic reaction, chronic indifferentiated type.” Dr. Posell testified that he was of the opinion that petitioner ivas still mentally ill and dangerous to be at large, and was in need of care, treatment and supervision at a state hospital.