People v. Jackson
| Decision Date | 26 April 1972 |
| Docket Number | Docket No. 11392,No. 1,1 |
| Citation | 40 Mich.App. 237,198 N.W.2d 714 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Joe Oliver JACKSON, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Arthur J. Tarnow, State Appellate Defender, Detroit, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Cahalan, Pros. Atty., Dominick R. Carnovale, Chief, Appellate Div., Luvenia D. Dockett, Asst. Pros. Atty., for plaintiff-appellee.
Before R. B. BURNS, P.J., and HOLBROOK and QUINN, JJ.
Defendant was found guilty of carnal knowledge of a female over 16 years by force. M.C.L.A. § 750.520; M.S.A. § 28.788.
Defendant was charged with having raped the complainant on July 14, 1970. The preliminary examination was held on July 20, 1970 and defendant's attorney moved for a psychiatric examination on August 20, 1970, claiming that the defendant was unable to assist counsel in his preparation for trial.
The motion was granted and the trial court ordered that the defendant be examined by competent medical and psychiatric personnel. The defendant was examined by the Recorder's Court psychiatric clinic. He was Not referred to a diagnostic facility certified by the Department of Mental Health.
In People v. Howard, 37 Mich.App. 662, 663--664, 195 N.W.2d 289, 290 (1972) the Court held:
'Whenever there is any question as to a defendant's competency to stand trial, and that question is raised upon defendant's motion, the court 'shall' order the defendant committed to a diagnostic facility.'
In the present case the trial judge failed to refer the defendant to a diagnostic clinic certified by the Department of Mental Health.
Reversed and remanded for commitment to a diagnostic clinic and for a new trial.
To continue reading
Request your trial
-
People v. Blocker
...v. Howard, 37 Mich.App. 662, 195 N.W.2d 289 (1972); People v. Goodall, 37 Mich.App. 223, 194 N.W.2d 454 (1971); People v. Jackson, 40 Mich.App. 237, 198 N.W.2d 714 (1972); People v. Chase, 38 Mich.App. 417, 196 N.W.2d 824 (1972); People v. Overby, 42 Mich.App. 1, 201 N.W.2d 303 (1972).2 See......
-
People v. Leffew
...detailed in the court rule is mandatory. People v. Howard, 37 Mich.App. 662, 195 N.W.2d 289 (1972). See, also, People v. Jackson, 40 Mich.App. 237, 198 N.W.2d 714 (1972). In the present case defendant filed a proper and timely motion for forensic psychiatric evaluation. Under these circumst......
-
People v. McShan, Docket Nos. 15886
...requirements of the above-quoted statute are mandatory and failure to comply therewith is clear error. See, E.g., People v. Jackson, 40 Mich.App. 237, 198 N.W.2d 714 (1972) (defendant examined at Recorder's Court psychiatric clinic rather than certified facility); People v. Chase, 38 Mich.A......
-
People v. Kennington
...v. Ledbetter, 31 Mich.App. 160, 187 N.W.2d 507 (1971); People v. Howard, 37 Mich.App. 662, 195 N.W.2d 289 (1972); People v. Jackson, 40 Mich.App. 237, 198 N.W.2d 714 (1972). However, in my opinion the defendant did not file a proper motion in the trial court for such a determination. The de......