Dusky v. United States

Citation271 F.2d 385
Decision Date06 November 1959
Docket NumberNo. 16194.,16194.
PartiesMilton R. DUSKY, Appellant, v. UNITED STATES of America, Appellee.
CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)

James W. Benjamin, Kansas City, Mo., for appellant.

O. J. Taylor, Asst. U. S. Atty., Kansas City, Mo. (Edward L. Scheufler, U. S. Atty., Kansas City, Mo., was with him on the brief), for appellee.

Before SANBORN, WOODROUGH and MATTHES, Circuit Judges.

SANBORN, Circuit Judge.

This is an appeal in forma pauperis from a judgment and sentence of imprisonment based upon the verdict of a jury finding the defendant, Milton R. Dusky, guilty under an indictment returned September 10, 1958, charging him with having, on or about August 19, 1958, in violation of 18 U.S.C. § 1201, unlawfully transported in interstate commerce from Johnson County, Kansas, to Ruskin Heights, Missouri, a certain girl who had been unlawfully decoyed, kidnapped and carried away.

Broadly stated, the main contentions of the defendant are, in substance, that the court committed reversible error (1) in finding him mentally competent to stand trial; (2) in denying his motion, made at the close of the evidence at the trial, for a directed verdict of acquittal, and in submitting the issue of his sanity to the jury; and (3) in instructing the jury on that issue. It is asserted also that certain happenings and rulings at the trial rendered it unfair and entitle the defendant to a reversal of his conviction.

The defendant was unable to employ counsel, and the District Court on September 11, 1958, appointed as his attorney Mr. James W. Benjamin, of the Kansas City, Missouri, Bar, who, without recompense or hope of reward, has, on his own time and at his own expense, admirably represented the defendant in the trial court and in this Court.

Upon his arraignment on September 12, 1958, the defendant entered a plea of not guilty. At the suggestion of his counsel that there was a question of the defendant's mental competency to stand trial and that there might be a question whether he could be found mentally responsible for the crime charged against him, the court, pursuant to 18 U.S.C. § 4244, ordered the defendant committed to the United States Medical Center for Federal Prisoners at Springfield, Missouri, for examination as to his mental competency to stand trial, and, in addition, "to determine, insofar as possible, whether, on August 19, 1958, the defendant was possessed of sufficient mental and moral faculties as to be capable of distinguishing between right and wrong and to be conscious of the nature of the acts which he was then doing or committing, * * *."

The defendant remained at the Medical Center for examination, observation and treatment for a total period of four months.

At a hearing held pursuant to 18 U.S. C. § 4244, on January 21, 1959, to determine whether the defendant was competent to stand trial, the court had before it a detailed report of a Neuropsychiatric Examination of the defendant. This report was dated October 30, 1958, and was signed by Doctor L. Moreau, Staff Psychiatrist at the Medical Center. On the last page of the report appears the following:

"He is oriented as to time, place, and person. He denies complete memory of the events of the day of the alleged offense.
"He gives the impression clinically of being of approximately average intelligence. His responses to the abstractions tests indicate approximately normal capacity for abstract thinking.
"Psychological testing done at this institution on September 17, 22, and 24, 1958, indicate `a personality which has decompensated to a psychotic degree of severity and thus implying the personality loss of capacity to master conflict situations and to meet reality demands.\' Prominent among the test findings were evidences of fear, inadequacy, anxiety, impulsiveness, poor reality contact, lack of ego strength, auditory and visual hallucinations, depression, nervous tension, morbid preoccupation with hostility, suicide, murder, sexual indulgence succumbing to a state of insanity. It was noted that the patient stated that taking the psychological tests caused him to become nervous and that he wouldn\'t have been able to go through with the testing procedures had he not been taking Sparine.
"VI. Summary: This patient, charged with kidnapping, has no previous criminal record. In November, 1949, he was investigated for robbery and was released the same day. He was reared in an atmosphere of severely traumatic circumstances because of the discord between his parents and has always suffered from feelings of inadequacy. He has been grossly maladjusted since childhood. He was discharged from the Navy because of a psychoneurosis and has been a patient in Veterans Administration hospitals on two occasions since 1956. He has also received psychiatric care through the psychiatric receiving center in Kansas City, Missouri. Since admission to the Medical Center he has shown marked emotional turmoil, insomnia, tension, feelings of self-devaluation, ambivalent feelings, and impaired judgment and insight. He complains of having feelings of being followed and visual hallucinations. Almost since admission he has required the use of tranquilizing medications.
"VII. Diagnosis: 000-x26 Schizophrenic reaction, chronic undifferentiated type, as manifested by visual hallucinations, tension, insomnia, emotional turmoil, ambivalence, morbid preoccupations, depression, feelings of inadequacy and unworthiness, and a long history of alcoholism and inadequacy."

Attached to this report was a report of the Psychiatric Staff of the Medical Center, dated October 30, 1958, signed by Doctor Joseph C. Sturgell, Chief of the Neuropsychiatric Service, reading as follows:

"The findings of psychiatric examination were presented by Dr. Louis Moreau. Other records were reviewed and the patient was interviewed by the members of the Psychiatric Staff.
"It is the opinion of the staff, following interview of the patient, that he had improved in recent weeks but his condition is still such that he is unable to understand the nature of the proceedings with reference to the charges against him and is unable to properly assist counsel in his defense. The patient is receiving tranquilizing medications and would probably deteriorate quickly if treatment was stopped at this time.
"It is recommended that he be left at the hospital an additional sixty (60) days so that recent improvement can be tested following discontinuation of tranquilizing drugs. It is probable that he would then be considered competent.
"In view of the long history of chronic anxiety, depressions, alcoholism, insomnia, phobias, and marital discord, it is apparent that this man has had episodes of mental illness with intermittent periods of improvement. His condition at the actual time of the offense is impossible to evaluate accurately since the only information available is that provided by the patient. The staff, therefore, is unable to determine whether or not on August 19, 1958 the defendant was possessed of sufficient mental and moral facilities as to be able to distinguish between right and wrong."

The court also had before it a report of the Neuropsychiatric Staff of the Medical Center, dated January 20, 1959, as to an examination of the defendant on January 8, 1959, signed by Doctor Sturgell for the Psychiatric Staff. It reads as follows:

"This 33-year-old white male was admitted to the hospital 9-14-58 for examination in accordance with Section 4244, Title 18, U.S.C.
"The initial examination of this patient indicated that this man has had episodes of mental illness probably of several years duration with remissions and exacerbations. He appeared to be in one of his periods of relapse at the time of admission with overt symptoms being apparent. However, following several weeks of medication he improved so that at the time of his initial appearance for examination by the NP Staff 10-30-58 it was thought that he was improving and that the maximum improvement had not occurred. For this reason the court was asked to extend his examination for a period of 60 days until maximum improvement had occurred.
"Following the staffing on 10-30-58 the patient\'s mental condition remained fairly stable for about 6 weeks. Then he began to become agitated, anxious, and hostile to people around him. He expressed discouragement with his situation and began to feel that he was being framed in the present offense. He experienced hallucinations, delusions, and ideas of reference.
"When examined by the staff, the patient again presented evidence of symptoms mentioned above. The staff is of the opinion that this man is mentally ill with a diagnosis of schizophrenia. Because of this illness, he is unable to properly understand the proceedings against him and unable to adequately assist counsel in his defense."

The only witness testifying at the hearing was Doctor Sturgell, whose testimony was in substantial conformity with the reports in evidence. He explained the statement in Doctor Moreau's report that the defendant was oriented as to time, place and person, as follows:

"This means that he is able to know the day of the week, the hour, the place in which he finds himself geographically, and the circumstances of his present situation. He knows he is in a court room; he knows the day of the week and the day of the year, and he knows that you are his attorney and Judge Smith is the judge. This is the orientation to person. He knows it all."

Doctor Sturgell also expressed the opinion that the defendant understood what he was charged with, knew that if there was a trial it would be before a judge and jury, knew that if found guilty he could be punished, and knew who his attorney was and that it was his duty to protect the defendant's rights. It appeared from Doctor Sturgell's testimony also that the defendant had been able to furnish, with substantial accuracy, information as to his past history and as to...

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29 cases
  • Dusky v. United States, 16607.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • 3 Noviembre 1961
    ...presented at that hearing is set forth in detail by Judge Sanborn in this court's first opinion in this case. Dusky v. United States, 8 Cir., 1959, 271 F.2d 385, 387-389. Judge Smith concluded that the defendant then had sufficient mental competency to stand The first trial took place in Ma......
  • Brown v. United States
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 9 Noviembre 1964
    ...affected by the remark. As pointed out above, our decision in Nordgren v. United States, may also fall in this category. Dusky v. United States, 8 Cir., 271 F.2d 385, rev'd on other grounds, 362 U.S. 402, 80 S.Ct. 788, 4 L. Ed.2d 824, also appears to involve comment on the evidence rather t......
  • Pope v. United States
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • 14 Marzo 1967
    ...then so vigorously contested in Durham's numerous progeny. Voss v. United States, 259 F.2d 699, 703 (8 Cir. 1958); Dusky v. United States, 271 F.2d 385, 394, 401 (8 Cir. 1959), reversed on other grounds 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824; Dusky v. United States, supra, p. 759 of 295 ......
  • Beardslee v. United States
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • 21 Diciembre 1967
    ...and then adopted for the District of Columbia in Durham. Voss v. United States, 259 F.2d 699, 703 (8 Cir. 1958); Dusky v. United States, 271 F.2d 385, 401 (8 Cir. 1959), reversed on other grounds, 362 U.S. 402; Dusky v. United States, supra, 295 F.2d 743, 759 (8 Cir. 1961), cert. denied 368......
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1 books & journal articles
  • Emotional competence, "rational understanding," and the criminal defendant.
    • United States
    • American Criminal Law Review Vol. 43 No. 4, September 2006
    • 22 Septiembre 2006
    ...to be executed). (53.) See Dusky v. United States, 362 U.S. 402 (1960) (per curiam). (54.) See id. (55.) Dusky v. United States, 271 F.2d 385, 388, 389-92 (8th Cir. 1959), rev'd, 362 U.S. 402 (1960) (per (56.) Id. at 389. (57.) Id. at 389-90. (58.) Dusky, 362 U.S. at 402 (quoting the Solici......

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