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McCONNELL v. PATTERSON

370 F.2d 41 (1966)

Ronald McCONNELL, Appellant, v. Wayne K. PATTERSON, Warden, Colorado State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

December 16, 1966.

Attorney(s) appearing for the Case

Howard K. Berry, Jr., Oklahoma City, Okl., of Berry & Berry, Oklahoma City, Okl., for appellant.

James W. Creamer, Jr., Asst. Atty., Gen., Denver, Colo. (Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., and George E. DeRoos, Asst. Atty. Gen., Denver, Colo., with him on the brief), for appellee.

Before PICKETT and HICKEY, Circuit Judges, and STANLEY, District Judge.

PER CURIAM.

Appellant McConnell, a prisoner in the Colorado State Penitentiary at Canon City, Colorado, appeals from an order dismissing his petition for writ of habeas corpus entered in the United States District Court for the District of Colorado after an evidentiary hearing. McConnell, with a history of prior civil commitments to a state mental institution, while represented by retained "capable counsel", was permitted to withdraw his plea of not guilty and not...

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