*1 771 appel filed on of No brief was behalf LAKE, Appellant, Catherine Corp. Grаy, Chester H. lee. Messrs. Columbia, Counsel for of v. the District Korman, Principal Corp. Milton D. Asst. CAMERON, Superintendent, St. Dale Hospital, Appellee. Counsel, Pair, B. and P. Elizabeths Hubert David Corp. Sutton, ap Counsel, Asst. entered No. 17531. pearances appellee. for Appeals United States Court oí Judge, Bazelon, Before Chief Wil- of District Columbia Circuit. bur K. Miller and Washington, Cir- 19, Submitted Nov. 1963. Judges. cuit 9, Decided Jan. 1964. PER CURIAM. 11, 1962, appеllant
On October in filed the pleading District Court an omnibus —styled for a Writ of “Petition Habеas Corpus a and Also Writ of Prohibition” —naming respondents Superin- as the tendent оf the District of Columbia Gen- Bentley Hospital, eral a Miss of Unit- the ed Public Servicе, States Health and a Agen- Miss Jenkins of Social the Service cy. day appellant On the same was transferred from the District of Colum- Hospital bia Generаl to St. Elizabeths by Hospital, Court, order of the District for in pro- observation connection with ceedings pending then in In re Catherine Lake, M.H.No. 2012-62.1 The re- named sрondents petition answered the for a corpus averring writ of pellant ap- habeas that longer custody. no was in their 2, On appellant 1962, November moved petition by to adding amend her Dale Cameron, Superintendent of St. Eliza- Hоspital, beths as defendant,” “true and alleging unlawfully that was he detain- ing granted her. Thе District Court petition leave to amend the and simul- taneously it, requiring dismissed without a return. summary disposition We think this When, petition error. here, was a as for alleges сorpus a of writ habeas an un deprivation liberty, “judge lawful of the entertaining application an for a writ * ** Appellant pro se, brief, filed a and her shаll award writ the forthwith directing respond was treated submitted thereon. or an
case as issue order the Appellant by proceedings 1. had been found a mеmber eivil commitment were insti- Metropolitan Department pro- of the Pоlice in District Court. tuted ceedings, the These wandering vicinity propriety pe- in the E of Fifth and of which her the Streets, N.W., 1962, September 29, being attacks, on tition culminatеd in her Hospital. and was taken to the of Colum District committed to St. Elizabeths 2, Hospital. bia General On October
772 why should the writ cause ent to show 2243, granted.” em 28 U.S.C. §
not be An v. supplied. Brooks phasis See also 116, F.2d U.S.App.D.C. 317 derson, 115 procedure аppropriate (1963). “The 179 require a to
in these circumstances is hearing аppellee, a hold return from the findings a or make file and thereafter аppellate re adequate for memorandum U.S.App. Anderson, 115 v. view.” Smith (1963). Sincе 109, F.2d D.C. 317 172 required procedure followed not was
this judgment re be here, below must the the case remanded to
versed and the proceedings. for further District Court this сase And in circumstances of the appropriate the think be for
we it would appoint as District counsel to Court to proceedings. petitionеr in sist such the and remanded for further Reversed
proceedings in with this accordаnce opinion. Judge MILLER,
WILBUR K. Circuit
(dissenting). appellant’s The brief incoherent to is pоint plainly
the a that it is work of the mentality. I it disturbed do not think worthy presents of a consideration. case Collins, Washington, Mr. Jeremiah C. C., with Mr. Frank F. Rober- D. whom C., brief, son, Washington, D. wаs the on appellants.
for Washing- Ralph Deckelbaum, Mr. H. FROST, Frost, Hugh ton, C.,D. Albert C. C. with whom Messrs. Bеrnard Appellants, Margolius Greenspoon, and Ben Wash- ap- ington, brief, C.,D. v. on for were the pellees. Cooper BENEDICT, Siegel- Betsy P. Ann tuch, Appellees. Burger McGowan, Fahy, Before and No. 17984. Judges. Circuit Appeals United States Court of оf District Columbia Circuit. PER CURIAM: Argued 20, Dee. 1963. appeal out of This arises an automobilе streets, at of collision an intersection two 12, Decided March 1964. highway. one of which is an arterial Rehearing Petition for Denied urges Appellant for thаt it was error 13, April 1964. give District to the so-called the Court
last clear instruction. chance Siegeltuch, Appellee Betsy a Ann driving young 24, of was her woman