Dusky v. United States, No. 504

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM
Citation80 S.Ct. 788,362 U.S. 402,4 L.Ed.2d 824
Decision Date18 April 1960
Docket NumberM,No. 504
PartiesMilton R. DUSKY, Petitioner, v. UNITED STATES of America. isc

362 U.S. 402
80 S.Ct. 788
4 L.Ed.2d 824
Milton R. DUSKY, Petitioner,

v.

UNITED STATES of America.

No. 504, Misc.
April 18, 1960.

Mr. James W. Benjamin, for petitioner.

Solicitor General Rankin, for the United States.

PER CURIAM.

The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. Upon consideration of the entire record we agree with the Solicitor General that 'the record in this case does not sufficiently support the findings of competency to stand trial,' for to support those findings under 18 U.S.C. § 4244, 18 U.S.C.A. § 4244 the district judge 'would need more information than this record presents.' We also agree with the suggestion of the Solicitor General that it is not enough for the district judge to find that 'the defendant (is) oriented to time and place and (has) some recollection of events,' but that the 'test must be whether he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding—and whether he has a rational as well as factual understanding of the proceedings against him.'

Page 403

In view of the doubts and ambiguities regarding the legal significance of the psychiatric testimony in this case and the resulting difficulties of retrospectively determining the petitioner's competency as of more than a year ago, we reverse the judgment of the Court of Appeals affirming the judgment of conviction, and remand the case to the District Court for a new hearing to ascertain petitioner's present competency to stand trial, and for a new trial if petitioner is found competent. It is so ordered.

Reversed and remanded with directions.

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3649 practice notes
  • Black v. Bell, Nos. 02–5032
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • January 4, 2012
    ...of the proceedings against him.’ ” Filiaggi v. Bagley, 445 F.3d 851, 858 (6th Cir.2006) (quoting [664 F.3d 102] Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960) (per curiam)). “[E]vidence of a defendant's irrational behavior, his demeanor at trial, and any prior......
  • Billiot v. Epps, Civil Action No. 1:86CV549TSL.
    • United States
    • United States District Courts. 5th Circuit. Southern District of Mississippi
    • November 3, 2009
    ...S.Ct. 2379, 2387-88, 171 L.Ed.2d 345 (2008) (establishing standard for judging competence to conduct own defense); Dusky v. United States, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960) (per curiam); Drope v. Missouri, 420 U.S. 162, 171, 95 S.Ct. 896, 43 L.Ed.2d 103 (1975) (establishing P......
  • Pike v. Guarino, No. 06-1019.
    • United States
    • U.S. Court of Appeals — First Circuit
    • July 2, 2007
    ...that a critical component of competence is the ability to "communicate effectively with defense counsel"); Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960) (per curiam) (defining competence in part as the "present ability to consult with [a] lawyer with a reason......
  • Pope v. United States, No. 18272.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • March 14, 1967
    ...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 F.2d. We adhered to this rejection in Feguer, p. 243 of 302 F.2d......
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3631 cases
  • Black v. Bell, Nos. 02–5032
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • January 4, 2012
    ...of the proceedings against him.’ ” Filiaggi v. Bagley, 445 F.3d 851, 858 (6th Cir.2006) (quoting [664 F.3d 102] Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960) (per curiam)). “[E]vidence of a defendant's irrational behavior, his demeanor at trial, and any prior......
  • Billiot v. Epps, Civil Action No. 1:86CV549TSL.
    • United States
    • United States District Courts. 5th Circuit. Southern District of Mississippi
    • November 3, 2009
    ...S.Ct. 2379, 2387-88, 171 L.Ed.2d 345 (2008) (establishing standard for judging competence to conduct own defense); Dusky v. United States, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960) (per curiam); Drope v. Missouri, 420 U.S. 162, 171, 95 S.Ct. 896, 43 L.Ed.2d 103 (1975) (establishing P......
  • Pike v. Guarino, No. 06-1019.
    • United States
    • U.S. Court of Appeals — First Circuit
    • July 2, 2007
    ...that a critical component of competence is the ability to "communicate effectively with defense counsel"); Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960) (per curiam) (defining competence in part as the "present ability to consult with [a] lawyer with a reason......
  • Pope v. United States, No. 18272.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • March 14, 1967
    ...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 F.2d. We adhered to this rejection in Feguer, p. 243 of 302 F.2d......
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15 books & journal articles
  • The Innocence Checklist
    • United States
    • American Criminal Law Review Nbr. 58-1, January 2021
    • January 1, 2021
    ...62 (D.C. 2006); Campbell v. United States, 377 F.2d 135, 136 (D.C. Cir. 1966); Mejia v. United States, 291 F.2d 198 (9th Cir. 1961). 327. 362 U.S. 402 (1960) (per curiam); see Nagell v. United States, 354 F.2d 441, 449 (5th Cir. 1966); GOULD, supra note 100, at 78; cf. United States v. Brod......
  • Youth Always Matters: Replacing Eighth Amendment Pseudoscience with an Age-Based Ban on Juvenile Life Without Parole.
    • United States
    • Yale Law Journal Vol. 131 Nbr. 6, April 2022
    • April 1, 2022
    ...by Dr. Olander, who did find the defendant to be competent."). (147.) See Steinberg, supra note 145, at 80; Dusky v. United States, 362 U.S. 402, 402 (148.) Montgomery, 577 U.S. at 208 (citing Miller v. Alabama, 567 U.S. 460, 472 (2012)). (149.) Corrected Record Excerpts, Shoemake, supra no......
  • Valuing the Vulnerable: A Proposed Approach to Cyclical Competency.
    • United States
    • Missouri Law Review Vol. 87 Nbr. 2, March 2022
    • March 22, 2022
    ...of this article, refers to the competency to stand trial. (125) Barstow et al., supra note 119, at 41. (126) Dusky v. United States, 362 U.S. 402, 402 (1960) (internal citations (127) Mae C. Quinn, Reconceptualizing Competence: An Appeal, 66 WASH. & LEE L. REV. 259, 264-65 (2009). (128)......
  • Competency to Proceed to Trial Evaluations and Rational Understanding
    • United States
    • International Journal of Offender Therapy and Comparative Criminology Nbr. 59-14, December 2015
    • December 1, 2015
    ...A scientific approach (pp. 438-472). New York, NY: Oxford University Press.Drope v. Missouri, 420 U.S. 162 (1975).Dusky v. United States, 362 U.S. 402 (1960).Everington, C. T. (1990). The Competence Assessment for Standing Trial for Defendants With Mental Retardation (CAST-MR): A validation......
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