Krupnick v. United States, 15957.

Citation264 F.2d 213
Decision Date05 March 1959
Docket NumberNo. 15957.,15957.
PartiesGene A. KRUPNICK, Appellant, v. UNITED STATES of America, Appellee.
CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)

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Lewis C. Green, St. Louis, Mo. (appointed by the Court) for appellant.

Horace Warren Kimbrell, Asst. U. S. Atty., Kansas City, Mo. (Edward L. Scheufler, U. S. Atty., Kansas City, Mo., on the brief), for appellee.

Before JOHNSEN, VOGEL and MATTHES, Circuit Judges.

JOHNSEN, Circuit Judge.

Appellant sought to have his sentence vacated, under 28 U.S.C.A. § 2255, claiming that he was mentally incapable at the time of his conviction of intelligently cooperating in his defense, and that the court had improperly refused to have an examination and report made of his condition by a qualified psychiatrist, under 18 U.S.C.A. § 4244.

The trial court denied the motion to vacate, without a hearing, on the ground that the files and records showed that appellant was entitled to no relief.

The controversy here primarily revolves around § 4244 and the nature and effect of the responsibility imposed by it.

Section 4244 provides: "Whenever after arrest and prior to the imposition of sentence or prior to the expiration of any period of probation the United States Attorney has reasonable cause to believe that a person charged with an offense against the United States may be presently insane or otherwise so mentally incompetent as to be unable to understand the proceedings against him or properly to assist in his own defense, he shall file a motion for a judicial determination of such mental competency of the accused, setting forth the ground for such belief with the trial court in which proceedings are pending. Upon such a motion or upon a similar motion in behalf of the accused, or upon its own motion, the court shall cause the accused, whether or not previously admitted to bail, to be examined as to his mental condition by at least one qualified psychiatrist, who shall report to the court. For the purpose of the examination the court may order the accused committed for such reasonable period as the court may determine to a suitable hospital or other facility to be designated by the court. If the report of the psychiatrist indicates a state of present insanity or such mental incompetency in the accused, the court shall hold a hearing, upon due notice, at which evidence as to the mental condition of the accused may be submitted, including that of the reporting psychiatrist, and make a finding with respect thereto. * * *"

It will be noted that the section, first of all, allows a United States Attorney to invoke its provisions, and imposes upon him the responsibility of so doing, whenever he "has reasonable cause to believe" that the accused "may be presently insane or otherwise so mentally incompetent as to be unable to understand the proceedings against him or properly to assist in his own defense". It directs, as the form and basis of this invocation, that "he shall file a motion", and that he shall indicate the cause prompting the motion, by "setting forth the ground for such belief".

There is provision also for an invoking of the section "upon a similar motion in behalf of the accused".

Hence, except where the court takes action on its own motion in some situation, any motion made under § 4244 for a determination of the accused's competency may be required, in order to command judicial consideration, to be filed and to contain showing of the reasons for raising the question.

A court thus may refuse to entertain an oral motion under § 4244. And it may summarily deny a written motion which contains no showing. Such a denial also may be made of a written motion and showing, if the ground stated for belief is frivolous, or if otherwise on the face of the situation it can be said that the motion has not been filed in good faith. Cf. Lebron v. United States, 97 U.S.App.D.C. 133, 229 F.2d 16, 18; Wear v. United States, 94 U.S.App.D.C. 325, 218 F.2d 24; Shelton v. United States, 5 Cir., 205 F.2d 806, 815.

The court is, however, free, if it chooses to do so, to waive the procedural prescriptions of the section. It has the right to entertain an oral motion and showing. Or it may permit grounds to be shown beyond those set forth in a filed motion. Cf. Perry v. United States, 90 U.S.App.D.C. 186, 195 F.2d 37, 39. But whatever may constitute the form of a motion and showing, if the court entertains consideration of them on the merits, it must deal with their significance and effect in accordance with the mandate of the statute.

Except where it is possible to hold that the ground stated for belief is frivolous, or where otherwise, on the face of elements in the situation which the court may judicially notice, it can be said that the motion is not made in good faith, the mandate of the statute appears to be absolute in its preliminary requirement — "the court shall cause the accused * * * to be examined as to his mental condition by at least one qualified psychiatrist".

The court therefore must cause such an examination to be made in every case, where a motion is filed that cannot be declared to be without good faith or to be frivolous, and where the ground set forth thus can constitute reasonable cause to believe that the accused "may be presently insane or otherwise so mentally incompetent as to be unable to understand the proceedings against him or properly to assist in his own defense". (Emphasis supplied.)

The statute does not provide for a framing of issue or a receiving of evidence on the question of cause for belief, so as to allow the court to weigh other facts against the grounds set out in the motion. And no intent to allow the court to engage in such a preliminary weighing of facts can be implied, for the language of the section is that "Upon such a motion * * * the court shall cause the accused * * * to be examined * *." Indeed, for a court to undertake to resolve whether the elements of "reasonable cause to believe" impress as being preponderant or nonpreponderant in a particular situation, and to refuse on the basis of such a relative balancing to have a psychiatric examination made of the accused, would be for the court to obliquely pass upon the question of the accused's competency to stand trial or properly to assist in his own defense, and to make such an indirect consideration take the place of the examination, hearing and specific finding for which the statute provides.

The interpretation of § 4244 made above comports with the judicial background and legislative history of the section. The section came from a recommendation of the Judicial Conference of the United States, pursuant to a study and report by one of its Committees. The Committee had appraised the existing methods and procedures "for sifting out * * * mental cases" prior to trial and conviction as being "inadequate", and had recognized the need for "the advice of trained psychiatrists * * * in the detection of mental disorders which may not be readily apparent to the eye of the layman". See Report of Committee of the Judicial Conference to Study Treatment Accorded by Federal Courts to Insane Persons Charged with Crime, 1944, pages 3 and 5.

Similarly, the Reports of the Judiciary Committees in both the Senate and the House set out a statement by James V. Bennett, Director, Federal Bureau of Prisons, to indicate the need for ...

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    ...in this circuit as to the necessity for a judicial hearing, we expressly reject that foothold today.28 Accord, Krupnick v. United States, 264 F.2d 213, 216 (8th Cir. 1959); Wear v. United States, 94 U.S.App.D.C. 325, 218 F.2d 24 (1954). Contra United States v. McEachern, 465 F.2d 833, 838 (......
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