SIELING v. EYMAN

No. 71-2784.

478 F.2d 211 (1973)

Gilbert F. SIELING, Sr., Petitioner-Appellant, v. Frank A. EYMAN, Warden, Arizona State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

April 23, 1973.


Attorney(s) appearing for the Case

Dennis J. Skarecky (argued), Post-Conviction Legal Assistance Clinic, Tucson, Ariz., for petitioner-appellant.

William P. Dizon, Asst. Atty. Gen. (argued), Gary K. Nelson, Atty. Gen., Phoenix, Ariz., for respondent-appellee.

Before MERRILL, KOELSCH, and DUNIWAY, Circuit Judges.


KOELSCH, Circuit Judge:

Gilbert F. Sieling was charged by information in the Arizona Superior Court with three counts of assault with a deadly weapon, and five counts of assault to commit murder. At his arraignment, the court entered a plea of not guilty for him and granted a defense motion for the appointment of two psychiatrists to examine Sieling to determine whether he was competent to stand trial. When the two psychiatrists disagreed on the issue, the court ordered...

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