Dusky v. United States, 504

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

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.'

In view...

To continue reading

Request your trial
3798 cases
  • Billiot v. Epps
    • United States
    • U.S. District Court — Southern District of Mississippi
    • November 3, 2009
    ...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 for judging competence......
  • Snyder v. State
    • United States
    • Wyoming Supreme Court
    • October 12, 2021
    ...(internal citations omitted); State v. Soares , 81 Hawai'i 332, 916 P.2d 1233, 1251 (App. 1996) ; Dusky v. United States , 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960) (per curiam); and see Hayes v. State , 599 P.2d 558, 562-63 (Wyo. 1979). deShazer , ¶ 12, 74 P.3d at 1244-45. We contin......
  • Ford v. Tate
    • United States
    • Georgia Supreme Court
    • October 31, 2019
    ..." and a " ‘rational as well as factual understanding of the proceedings against him’ " (quoting Dusky v. United States, 362 U. S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960) ).E. Ineffective Assistance of Counsel Claim Regarding Tate's Interview by the Trial Judge's Acquaintance.Tate conte......
  • Jernigan v. Edward
    • United States
    • U.S. District Court — Southern District of California
    • November 7, 2017
    ...opinion denying the claim as the basis for the state court analysis. Citing Drope v. Missouri, 420 U.S. 162, 171-72 (1975), and Dusky v. U.S., 362 U.S. 402 (1960), the state appellate court wrote:We conclude the trial court correctly found no substantial basis for ordering a competency hear......
  • Request a trial to view additional results
52 books & journal articles
  • THE REASONABLENESS OF THE "REASONABLENESS" STANDARD OF HABEAS CORPUS REVIEW UNDER THE ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996.
    • United States
    • Case Western Reserve Law Review Vol. 72 No. 3, March 2022
    • March 22, 2022
    ...held to determine whether a defendant should be psychiatrically examined for his competency to stand trial); Dusky v. United States, 362 U.S. 402, 402 (1960) (adopting a standard to determine whether a defendant is competent to stand (42.) See Mooney v. Holohan, 294 U.S. 103, 112 (1935) (ru......
  • Defenses and special evidentiary charges
    • United States
    • James Publishing Practical Law Books Texas Criminal Jury Charges. Volume 1-2 Volume 1
    • May 4, 2021
    ...Incompetency Standard The current incompetency test is based on standards set by the United States Supreme Court. Dusky v. United States , 362 U.S. 402 (1960). §3:1120 When to Impanel a Jury as to Incompetency The trial court should hold a pre-trial or trial hearing without a jury to determ......
  • Emotional competence, "rational understanding," and the criminal defendant.
    • United States
    • American Criminal Law Review Vol. 43 No. 4, September 2006
    • September 22, 2006
    ...approximately 90 percent of all criminal cases in the United States are resolved by means of guilty pleas, rather than at trial."). (3.) 362 U.S. 402, 402 (1960) (per (4.) See, e.g., Cooper v. Oklahoma, 517 U.S. 348, 357-60 nn.8-14 (1996); see also Godinez v. Moran, 509 U.S. 389, 405-06 (19......
  • The Innocence Checklist
    • United States
    • American Criminal Law Review No. 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......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT