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TYARS v. FINNER

No. 81-5621.

709 F.2d 1274 (1983)

Luther TYARS, Petitioner-Appellant, v. Dr. Richard FINNER, Medical Director of Patton State Hospital, Patton, California, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted April 8, 1983.

Decided June 21, 1983.

Attorney(s) appearing for the Case

Andrew E. Rubin, Law Offices Barry Tarlow, Los Angeles, Cal., Littleton M. Gunn, Public Defender's Office, San Bernardino, Cal., for petitioner-appellant.

Jay M. Bloom, San Diego, Cal., for respondent-appellee.

Before WALLACE and NORRIS, Circuit Judges, and BURNS, District Judge.

WALLACE, Circuit Judge:

Tyars appeals the district court's denial of his petition for a writ of habeas corpus. The district court held that Tyars was denied due process of law when compelled over objection to testify at his state involuntary commitment hearing, but concluded that the error was harmless beyond a reasonable doubt. We reverse and remand.

I

Tyars, a twenty-five-year old male, suffers from permanent mental retardation caused by a postnatal...

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