BROWN v. PETERSON

No. 20139.

429 F.2d 585 (1970)

Henry BROWN, Appellant, v. Dr. Donald B. PETERSON, Superintendent, State Hospital No. 1, Fulton, Missouri, Appellee.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied September 22, 1970.


Attorney(s) appearing for the Case

Joseph Langworthy, Pacific, Mo., for appellant.

Kenneth M. Romines, Asst. Atty. Gen., Jefferson City, Mo., for appellee; John C. Danforth, Atty. Gen., Jefferson City, Mo., on the brief.

Before VOGEL, HEANEY and BRIGHT, Circuit Judges.


PER CURIAM.

The petitioner, Henry Brown, appeals from a decision of the United States District Court for the Western District of Missouri denying his petition for a writ of habeas corpus on the grounds that the petitioner had failed to exhaust his state remedies.

The appeal raised important questions concerning (1) the right of the state to confine an accused to a state mental hospital for an indefinite period of time on the sole grounds that he was incompetent...

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