Dusky v. United States
Citation | 271 F.2d 385 |
Decision Date | 06 November 1959 |
Docket Number | No. 16194.,16194. |
Parties | Milton R. DUSKY, Appellant, v. UNITED STATES of America, Appellee. |
Court | United 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.
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:
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 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:
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:
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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Dusky v. United States, 16607.
...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......
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Brown v. United States
...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......
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Pope v. United States
...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 ......
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Beardslee v. United States
...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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Emotional competence, "rational understanding," and the criminal defendant.
...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......