Bush v. State of Texas, No. 511
| Court | United States Supreme Court |
| Writing for the Court | PER CURIAM |
| Citation | 9 L.Ed.2d 958,83 S.Ct. 922,372 U.S. 586 |
| Parties | James E. BUSH, Petitioner, v. STATE OF TEXAS |
| Docket Number | No. 511 |
| Decision Date | 25 March 1963 |
v.
STATE OF TEXAS.
Charles Alan Wright, Austin, Tex., for petitioner.
Bruce Allen, Waxahachie, Tex., and Allo B. Crow, Jr., Odessa, Tex., for respondent.
PER CURIAM.
This case raises questions of due process under the Fourteenth Amendment growing out of the conviction of petitioner, an indigent, for the crime of felony theft. Upon proof of two prior theft convictions, petitioner was sentenced to life imprisonment as an habitual offender. The Texas Court of Criminal Appeals affirmed. 172 Tex-
Page 587
.Cr.R. 54, 353 S.W.2d 855 (1962). We granted certiorari. 371 U.S. 859, 83 S.Ct. 123, 9 L.Ed.2d 98.
Petitioner, who in 1924 had been adjudged insane, entered a plea of not guilty by reason of insanity. His claims of a denial of due process are based on (1) the trial court's refusal prior to trial either to send him to a state mental institution for observation and diagnosis before requiring him to stand trial or to appoint and pay for a competent psychiatrist for that purpose; and (2) the alleged denial by the trial court of adequate time for proper examination and diagnosis by a psychologist who appeared at the trial upon request of petitioner's counsel.
Three days before argument here the State commendably filed a 'Supplemental Brief for the Respondent' calling to the Court's attention the following 'Diagnostic Summary,' relating to the petitioner's mental condition, prepared by the Psychiatric Resident of the Houston State Psychiatric Institute at Houston:
'Wynne Treatment Center
'Diagnostic Summary
'Name: BUSH, James E.
'T D C No. 165754
'Location: Wynne Farm
'I, the undersigned, Doctor A. Hug, examined on this date James E. Bush, TDC #165754, an inmate of the Wynne farm and came to the following conclusions.
'James is a 64 year old white widower. He was born and raised in a stable farm family situation, together with two brothers and four sisters. None of his immediate relatives at any time were in psychiatric care. He attended the third grade and later worked mainly as a blacksmith. He was married once and has two children. As far as we know from
Page 588
his record he was since 1937 seven times in prison for various offenses with also eight escapes listed. According to the same record he was in Terrell State Hospital in 1924 for mental observation.
'On examination patient showed marked psychomotor retardation. He appears to be extremely withdrawn, autistic, isolated from reality and encapsulated in himself. He appears to have no drive or interests. In his verbal productions he is very vague. He is only poorly oriented, giving the date as somewhere in January of 1963 and showed marked difficulties in recalling his past history or attending to any tests of his present memory capacity. He seems to be of low...
To continue reading
Request your trial
-
Williams v. Washington Metropolitan Area Transit Com'n, No. 20200
...Our disposition, on other grounds, of that order renders unnecessary a consideration of that contention. Compare Bush v. State of Texas, 372 U.S. 586, 590, 83 S.Ct. 922, 9 L.Ed.2d 958 (1963); Barr v. Matteo, 355 U.S. 171, 78 S.Ct. 204, 2 L.Ed.2d 179 (1957); Rescue Army v. Municipal Court of......
-
Coleman v. Burnett, No. 71-1114.
...the need to do so is imperative. See, e. g., Rosenberg v. Fleuti, 374 U.S. 449, 451, 83 S.Ct. 117, 9 L.Ed.2d 97 (1963); Bush v. Texas, 372 U.S. 586, 590, 83 S.Ct. 922, 9 L.Ed.2d 958 (1963); Rescue Army v. Municipal Court, 331 U.S. 549, 568, 67 S.Ct. 1409, 91 L.Ed. 1666 92 See note 54, supra......
-
Wright v. United States, No. 20153.
...us, and we ought not reach for it. Rosenberg v. Fleuti, 374 U.S. 449, 451, 83 S.Ct. 1804, 10 L.Ed.2d 1000 (1963); Bush v. State of Texas, 372 U.S. 586, 590, 83 S.Ct. 922, 9 L.Ed. 2d 958 (1963); Stefanelli v. Minard, 342 U.S. 117, 120, 72 S.Ct. 118, 96 L.Ed. 138 (1951); Rescue Army v. Munici......
-
American Dairy of Evansville, Inc. v. Bergland, No. 77-1926
...note 50, 461 F.2d at 597-598. 70 Rosenberg v. Fleuti, 374 U.S. 449, 451, 83 S.Ct. 1804, 1806, 10 L.Ed.2d 1000, 1002 (1963); Bush v. Texas, 372 U.S. 586, 590, 83 S.Ct. 922, 925, 9 L.Ed.2d 958, 960 (1963); Stefanelli v. Minard, 342 U.S. 117, 120, 72 S.Ct. 118, 120, 96 L.Ed. 138, 142 71 See, e......
-
Williams v. Washington Metropolitan Area Transit Com'n, No. 20200
...Our disposition, on other grounds, of that order renders unnecessary a consideration of that contention. Compare Bush v. State of Texas, 372 U.S. 586, 590, 83 S.Ct. 922, 9 L.Ed.2d 958 (1963); Barr v. Matteo, 355 U.S. 171, 78 S.Ct. 204, 2 L.Ed.2d 179 (1957); Rescue Army v. Municipal Court of......
-
Coleman v. Burnett, No. 71-1114.
...the need to do so is imperative. See, e. g., Rosenberg v. Fleuti, 374 U.S. 449, 451, 83 S.Ct. 117, 9 L.Ed.2d 97 (1963); Bush v. Texas, 372 U.S. 586, 590, 83 S.Ct. 922, 9 L.Ed.2d 958 (1963); Rescue Army v. Municipal Court, 331 U.S. 549, 568, 67 S.Ct. 1409, 91 L.Ed. 1666 92 See note 54, supra......
-
Wright v. United States, No. 20153.
...us, and we ought not reach for it. Rosenberg v. Fleuti, 374 U.S. 449, 451, 83 S.Ct. 1804, 10 L.Ed.2d 1000 (1963); Bush v. State of Texas, 372 U.S. 586, 590, 83 S.Ct. 922, 9 L.Ed. 2d 958 (1963); Stefanelli v. Minard, 342 U.S. 117, 120, 72 S.Ct. 118, 96 L.Ed. 138 (1951); Rescue Army v. Munici......
-
American Dairy of Evansville, Inc. v. Bergland, No. 77-1926
...note 50, 461 F.2d at 597-598. 70 Rosenberg v. Fleuti, 374 U.S. 449, 451, 83 S.Ct. 1804, 1806, 10 L.Ed.2d 1000, 1002 (1963); Bush v. Texas, 372 U.S. 586, 590, 83 S.Ct. 922, 925, 9 L.Ed.2d 958, 960 (1963); Stefanelli v. Minard, 342 U.S. 117, 120, 72 S.Ct. 118, 120, 96 L.Ed. 138, 142 71 See, e......