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SARZEN v. GAUGHAN

No. 73-1223.

489 F.2d 1076 (1973)

Cornelius E. SARZEN, Plaintiff-Appellant, v. Charles W. GAUGHAN et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 10, 1973.

Attorney(s) appearing for the Case

Francis John Stolarz, Boston, Mass., for plaintiff-appellant.

Charles E. Chase, Asst. Atty. Gen., with whom Robert H. Quinn, Atty. Gen., and John J. Irwin, Jr., Asst. Atty. Gen., Chief, Crim. Div., were on brief, for defendants-appellees.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

This appeal from denial of a petition for habeas corpus once again raises questions about procedures under the Massachusetts law providing for commitment of sexually dangerous persons, M.G.L. c. 123A. Sarzen complains that he was denied counsel and the right to a hearing prior to the 60-day observational commitment which preceded his final commitment hearing. These deficiencies are alleged to have rendered his later indeterminate...

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