Dusky v. United States, 504
| Court | U.S. Supreme Court |
| Writing for the Court | PER CURIAM |
| Citation | Dusky v. United States, 362 U.S. 402, 4 L.Ed.2d 824, 80 S.Ct. 788 (1960) |
| Decision Date | 18 April 1960 |
| Docket Number | M,No. 504,504 |
| Parties | Milton R. DUSKY, Petitioner, v. UNITED STATES of America. isc |
Mr. James W. Benjamin, for petitioner.
Solicitor General Rankin, for the United States.
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 of the...
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3943 cases
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Billiot v. Epps
...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......
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Snyder v. State
...(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......
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Ford v. Tate
..." 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......
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Jernigan v. Edward
...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......
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72 books & journal articles
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Defenses and special evidentiary charges
...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......
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Representational competence: defining the limits of the right to self-representation at trial.
...plead guilty (either unrepresented or represented). (31) See State v. Connor, 973 A.2d 627, 647-48, 647 n.19 (Conn. 2009). (32) 362 U.S. 402 (1960) (per curiam). (33) Id. at 402 (quoting Dusky v. United States, 362 U.S. 402, 402 (1960)); see also Drope v. Missouri, 420 U.S. 162, 171 (1975) ......
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Mental disorder and criminal law.
...United States as the crucial precedent, but Dusky was simply an interpretation of the federal statute and not a constitutional case. 362 U.S. 402 (1960). (89) See, e.g., 18 U.S.C. [section] 4241(c) (2006) ("unable to understand the nature and consequences of the proceedings against him or t......
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Are Criminals Bad or Mad? Premeditated Murder, Mental Illness, and Kahler v. Kansas.
...ill and condemned prisoner cannot be executed if he is incapable of understanding that he will be executed). (170.) Dusky v. United States, 362 U.S. 402, 402 (1960) (internal quotation marks omitted); see also Godinez v. Moran, 509 U.S. 389, 391 (1993) (ruling that the standard of competenc......
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