Lee v. State of Alabama
Decision Date | 22 August 1967 |
Docket Number | No. 22994.,22994. |
Citation | 386 F.2d 97 |
Parties | Huey R. LEE, Appellant, v. STATE OF ALABAMA, Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Huey R. Lee, Montgomery, Ala., pro se.
Walter Mark Anderson, III, Asst. Atty. Gen., Montgomery, Ala., MacDonald Gallion, Atty. Gen., and Robert F. Miller, Asst. Atty. Gen., for appellee.
Before TUTTLE, Chief Judge, and BROWN, WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER and SIMPSON, Circuit Judges.
ON PETITION FOR REHEARING EN BANC
On July 6, 1942, Huey R. Lee, Jr. was arrested, confined in a jail of Barbour County, Alabama, and charged with murder in the first degree for the slaying of his father, Huey R. Lee, Sr. On July 13, 1942, one G. D. Boyd filed a request for an investigation as to the sanity of said Huey R. Lee, Jr. This request is authorized under Section 428 of Title 15 of the 1940 Code of Alabama, which provides as follows:
1
The hearing was conducted before the judge and a jury on July 20, 1942. Notwithstanding strong medical testimony to the contrary, the jury having heard evidence from seven physicians and seventeen lay witnesses returned a verdict reading: "We the jury find the defendant to be sane."
On October 20, 1942, the Grand Jury returned an indictment charging Lee with the murder of his father. Two days later, the Sheriff of the county, filed a request that Lee be sent to Bryce Hospital at Tuscaloosa, Alabama, for observation, and accompanied his request with a report from Dr. W. D. Partlow, superintendent of the Alabama State Hospital that "* * * It is my professional opinion that there is reasonable ground to believe that said defendant was insane either at the time of the commission of the offense charged in said indictment, or presently." (Emphasis added.)
Lee's attorneys filed a similar request. Acting under Section 425 of Title 15 of the 1940 Code of Alabama,2 the judge entered an order in accordance with such requests. Lee remained in the Alabama State Hospital from October 24, 1942 to August 3, 1943. On July 21, 1943, Dr. W. D. Partlow, Dr. J. S. Tarwater and Dr. P. B. Mayfield, who constituted a commission on lunacy, submitted the following report:
On August 3, 1943, pursuant to an order of the trial court, the sheriff removed Lee from Bryce Hospital to the jail of Barbour County "to await further criminal proceedings against him." Lee was arraigned and called on to plead to the indictment on October 1, 1943 and the record discloses that three pleas were interposed for him:
The case came on for trial on October 27, 1943, and Lee's counsel thus stated his pleas to the jury:
After a full trial, in which he was represented by counsel and testified in his own behalf,4 Lee was convicted of murder in the first degree and his punishment fixed at life imprisonment. The judgment of conviction was affirmed by the Supreme Court of Alabama, Lee v. State, 1944, 246 Ala. 343, 20 So.2d 471 and certiorari was denied by the Supreme Court of the United States. Lee v. State of Alabama, 1944, 325 U.S. 888, 65 S.Ct. 1576, 89 L.Ed. 2002. In that direct appeal, Lee did not raise the issue which is now presented to this court, which is his lack of mental capacity at the time of the trial to enable him to assist in his own defense. The Alabama Supreme Court said:
As has been pointed out by the Supreme Court of Alabama, the defense of "not guilty by reason of insanity," which is a statutory defense prescribed in Section 423 of Title 15, 1940 Code of Alabama, supra, footnote 2, does not present the issue to the trial court of the mental competency of the accused at the time of trial. Hawkins v. State, 267 Ala. 518, 103 So.2d 158. In that case the court said: Hawkins v. State, 103 So.2d 158, 161.
On January 16, 1946, Lee, represented by different attorneys, began his long series of efforts to obtain post-conviction relief. On that date he filed with the Supreme Court of Alabama his petition for leave to file in the Circuit Court of Barbour County a petition for writ of error of coram nobis. The Alabama Supreme Court recognized that it had jurisdiction to grant the relief sought...
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