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JOHNSON v. ROBINSON

No. 74-1149.

509 F.2d 395 (1974)

James A. JOHNSON, Appellant, v. Luther ROBINSON.

United States Court of Appeals, District of Columbia Circuit.

Decided December 23, 1974.

Attorney(s) appearing for the Case

Robert P. Stranahan, Jr., Washington, D. C. (appointed by District Court), with whom Daniel D. Polsby, Washington, D. C., was on the brief, for appellant.

Michael G. Scheininger, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Tobey W. Kaczensky and Oscar Altshuler, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, DANAHER, Senior Circuit Judge, and WILLIAM WAYNE JUSTICE, United States District Judge for the Eastern District of Texas.

BAZELON, Chief Judge:

James Johnson was acquitted by reason of insanity of a charge of assault on December 1, 1961 in District of Columbia Municipal Court. Under procedures then in effect, he was thereupon committed to Saint Elizabeth's Hospital. The offense for which Johnson was committed carried a maximum sentence of one year. Since December 1, 1961, Johnson has filed a total of nine petitions for a writ of habeas corpus to secure his release from Saint Elizabeth...

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