Blocker v. United States
Citation | 288 F.2d 853 |
Decision Date | 03 March 1961 |
Docket Number | No. 15777.,15777. |
Parties | Comer BLOCKER, Appellant, v. UNITED STATES of America, Appellee. |
Court | United States Courts of Appeals. United States Court of Appeals (District of Columbia) |
Mr. J. William Doolittle, Jr., Washington, D. C. (appointed by this court), with whom Mr. E. Lewis Ferrell, Washington, D. C. (appointed by the District Court), was on the brief, for appellant. Mr. James W. Davis, who was appointed by the District Court, was on the brief for appellant but entered government service and withdrew as counsel before the argument.
Mr. Nathan J. Paulson, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.
Before WILBUR K. MILLER, Chief Judge, and EDGERTON, PRETTYMAN, BAZELON, FAHY, WASHINGTON, DANAHER, BASTIAN, and BURGER, Circuit Judges, sitting in banc.
We reversed appellant's former conviction of first degree murder. Blocker v. United States, 107 U.S.App.D.C. 63, 274 F.2d 572. He now appeals from another conviction and sentence of death for the same crime. There was substantial evidence that he was, and substantial evidence that he was not, insane at the time of the offense.
In 1895 the Supreme Court ruled that "if the whole evidence, including that supplied by the presumption of sanity, does not exclude beyond reasonable doubt the hypothesis of insanity, of which some proof is adduced, the accused is entitled to an acquittal * * *." Davis v. United States, 160 U.S. 469, 488, 16 S.Ct. 353, 358, 40 L.Ed. 499. That case has been law for 65 years. In the last 10 years we have applied it many times.
In 1951 we said: Tatum v. United States, 88 U.S.App.D.C. 386, 390, 190 F.2d 612, 616.
In 1954 we said: "Whenever there is `some evidence' that the accused suffered from a diseased or defective mental condition at the time the unlawful act was committed, the trial court * * * should in some way convey to the jury the sense and substance of the following: * * * Unless you believe beyond a reasonable doubt either that he was not suffering from a diseased or defective mental condition, or that the act was not the product of such abnormality, you must find the accused not guilty by reason of insanity. * * *" Durham v. United States, 94 U.S.App.D.C. 228, 241, 214 F.2d 862, 875, 45 A.L.R.2d 1430.
In 1956 we said: Douglas v. United States, 99 U.S.App.D.C. 232, 235, 239 F. 2d 52, 55.
In 1957 we said: "when the defendant introduces some evidence to raise the issue of insanity, his sanity at the time of the offense becomes an element of the crime, which, like all other elements of the crime, must be proved by the Government beyond a reasonable doubt." Wright v. United States, 102 U.S.App. D.C. 36, 39, 250 F.2d 4, 7.
Again we said in 1957: "When the issue of insanity is properly raised by evidence, as it was in this case, the burden is on the Government to prove * * beyond a reasonable doubt either (1) that the accused had no mental disease or defect or (2) that, although the accused was defective or diseased, his act was not the product of the affliction." Carter v. United States, 102 U.S.App.D.C. 227, 233, 234, 252 F.2d 608, 614, 615.
We said this again in 1959. Hopkins v. United States, 107 U.S.App.D.C. 126, 128, 275 F.2d 155, 157.
On January 21, 1960, we said: "the law in all federal jurisdictions, under a Supreme Court ruling, is and has been for more than half a century that, when a defendant in a criminal case introduces enough evidence of insanity to overcome the presumption of sanity, a burden thereupon falls upon the Government to establish sanity beyond a reasonable doubt." Isaac v. United States, 109 U.S. App.D.C. 34, 284 F.2d 168, 170.
Although these many cases made it uncommonly plain that the burden of proof on the issue of Blocker's insanity was on the government, the prosecutor asked the court to place the burden on the defendant. His Proposed Instruction No. VI said: 1
After thus contradicting the law, the proposed instruction contradicted itself. It said:
The net result of the proposed instruction was confusion. The burden was on the defendant; the burden was on the government.
The court granted the proposed instruction "in substance". It first charged the jury in accordance with the law; then in contravention of the law; and finally, once more in accordance with the law:
(1) * * *"
Assuming "causal effect" was meant for "effective cause", the foregoing part of the court's instruction is correct. It places the burden of proof where the law places it, squarely on the government.
But the court went on to give a contrary instruction:
(2) (Emphasis added.)
This part of the instruction is plainly erroneous. The words "where it is found", "you must find" and "if you find" informed the jury that the burden of convincing them — which is the burden of proof — was on the defendant.
Finally, the court went on to place the burden, as it had at first, on the government:
(3) ...
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