French v. District Court, Division 9, In and For City and County of Denver, No. 20754
| Docket Nº | No. 20754 |
| Citation | 153 Colo. 10, 384 P.2d 268 |
| Case Date | August 05, 1963 |
| Court | Supreme Court of Colorado |
Page 268
v.
DISTRICT COURT, DIVISION 9, IN AND FOR the CITY AND COUNTY
OF DENVER, State of Colorado, Honorable Mitchel B. Johns,
Honorable Don D. Bowman, Judge, now presiding, and Bert
Keating, District Attorney, Second Judicial District of the
State of Colorado, Respondents.
Rehearing Denied Aug. 26, 1963.
Walter L. Gerash, Denver, for petitioner.
Duke W. Dunbar, Atty. Gen., John E. Bush, Asst. Atty. Gen., Bert M. Keating, Dist. Atty., Gregory A. Mueller, Asst. Dist. Atty., Theodore Borrillo, Donald Spiegleman, Deputy Dist, Attys., Denver, for respondents.
MOORE, Justice.
[153 Colo. 11] We refer to petitioner above named as French, and to the respondents as respondents or as the trial court.
This is an original proceeding in this court by French, who filed his petition seeking
Page 269
relief by prohibition or, in the alternative, mandamus. It was alleged in the petition, inter alia, that:'1. Petitioner was charged in the Second Judicial District of the State of Colorado in Criminal Action No. 49772, on May 21, 1962, with the crimes of burglary, robbery, and two counts of rape. These acts were alleged to occur on May 14, 1961.
'2. On June 7, 1962, in Criminal Action 48663, in the Second Judicial District of the State of Colorado, the petitioner was found to be insane at the time of the alleged commission of the offense and was forthwith committed to the Colorado State Hospital for the insane located in Pueblo, Colorado.
'3. Influenced by this finding, and asserting his constitutional right to do so, petitioner, in 1962, in Criminal Action No. 49772, entered the please of not guilty and 'not guilty by reason of insanity at the time of the alleged commission of the offense' pursuant to C.R.S. 39-8-1, 1953 as amended.
'4. On November 21, 1962, upon oral motion of the District Attorney, respondent herein, the Honorable Mitchel B. Johns, Judge, also respondent herein, ordered that Petitioner's plea of 'not guilty by reason of insanity at the time of the alleged commission of the crime' be stricken.
'5. This action is arbitrary without cause and contrary to constitutional and statutory rights as alleged. The facts therein are more fully shown by Exhibit 'A' appended hereto. Petitioner has a clear legal right to have the plea entered and respondents have a clear legal duty to accept the plea and set the matter down before a jury.
* * *
* * *
'10. Petitioner will suffer irreparable prejudice and injury if he is not allowed to assert the defense of 'not [153 Colo. 12] guilty by reason of insanity at the time of the alleged commission of the crime' in accordance with the statutes and...
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Blaisdell v. Com.
...varying approaches in other jurisdictions. See, e. g., United States v. Albright, 388 F.2d 719 (4th Cir. 1968); French v. District Court, 153 Colo. 10, 384 P.2d 268 (1963); People v. English, 31 Ill.2d 301, 201 N.E.2d 455 (1964); State v. Buzynski, 330 A.2d 422 (Me.1974); State v. Whitlow, ......
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Pope v. United States, 18272.
...not disentitle him from asserting a statutorily recognized special plea of not guilty by reason of insanity. French v. District Court, 153 Colo. 10, 384 P.2d 268 2. Evidence of a military defendant's refusal to submit to a psychiatric examination is inadmissible. United States v. Kemp, 13 U......
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Lee v. County Court of Erie County
...388 F.2d 719; contra, Hunt v. State, 248 Ala. 217, 27 So.2d 186; Hall v. State, 209 Ark. 180, 189 S.W.2d 917; French v. District Ct., 153 Colo. 10, 384 P.2d 268; People v. English, 31 Ill.2d 301, 201 N.E.2d 455; State v. Hathaway, 161 Me. 255, 211 A.2d 558; State v. Olson, 274 Minn. 225, 14......
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People v. Larsen, 60714
...to answer the psychiatrist's questions. Shepard v. Bowe (1968), 250 Or. 288, 442 P.2d 238, French v. District Court, Division 9 (1963), 153 Colo. 10, 384 P.2d 268, and Johnson v. People (1970), 172 Colo. 72, 470 P.2d Most state and federal courts, however, while holding either explicitly or......
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Blaisdell v. Com.
...varying approaches in other jurisdictions. See, e. g., United States v. Albright, 388 F.2d 719 (4th Cir. 1968); French v. District Court, 153 Colo. 10, 384 P.2d 268 (1963); People v. English, 31 Ill.2d 301, 201 N.E.2d 455 (1964); State v. Buzynski, 330 A.2d 422 (Me.1974); State v. Whitlow, ......
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Lee v. County Court of Erie County
...388 F.2d 719; contra, Hunt v. State, 248 Ala. 217, 27 So.2d 186; Hall v. State, 209 Ark. 180, 189 S.W.2d 917; French v. District Ct., 153 Colo. 10, 384 P.2d 268; People v. English, 31 Ill.2d 301, 201 N.E.2d 455; State v. Hathaway, 161 Me. 255, 211 A.2d 558; State v. Olson, 274 Minn. 225, 14......
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Pope v. United States, No. 18272.
...not disentitle him from asserting a statutorily recognized special plea of not guilty by reason of insanity. French v. District Court, 153 Colo. 10, 384 P.2d 268 2. Evidence of a military defendant's refusal to submit to a psychiatric examination is inadmissible. United States v. Kemp, 13 U......
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Wade v. United States, No. 22657.
...v. Corcoran, 132 U.S.App.D.C. 232, 407 F.2d 695 (1969); United States v. Albright, 388 F.2d 719 (4th Cir. 1968); French v. District Ct., 153 Colo. 10, 384 P.2d 268 (1963); Danforth, Death Knell for Pre-Trial Mental Examination? Privilege Against Self-Incrimination, 19 Rutgers L.Rev. 489 (19......