United States v. Everett, Crim. No. 9964.
| Decision Date | 26 October 1956 |
| Docket Number | Crim. No. 9964. |
| Citation | 146 F. Supp. 54 |
| Parties | UNITED STATES of America, Plaintiff, v. Joseph EVERETT, Defendant. |
| Court | U.S. District Court — District of Kansas |
William C. Farmer, U. S. Atty., Topeka, Kan., and Milton P. Beach, Asst. U. S. Atty., Kansas City, Kan., for plaintiff.
Paul L. Gray (of Gray, Smith & Whyte), Kansas City, Kan., for defendant.
The present issue arises in connection with a motion that defendant and his counsel be furnished with a photostatic copy of a report made to the court by a psychiatrist following an examination under Title 18 U.S.C. § 4244.1
The defendant first appeared before this court on April 27, 1956, at which time he was in the custody of the United States Marshal for the District of Kansas under a warrant issued following the filing of a complaint with a United States Commissioner, charging him with a violation of § 113(c), Title 18 U.S.C. On that date the defendant did not have an attorney and, upon inquiry by the court, he requested that one be appointed to represent him. Pursuant thereto, a qualified member of the local bar was appointed. After conferring with defendant, counsel orally moved that an order be entered directing that he be examined by a psychiatrist, stating there were grounds for believing that he, at that time, might not be able to understand the proceedings against him or properly to assist in his own defense.
Upon consideration of the motion, the court directed that the defendant be examined by a psychiatrist at the Medical Center for Federal Prisoners at Springfield, Missouri. This examination was ordered in accordance with the provisions of § 4244, supra. The defendant was transported to the Medical Center and was there for several weeks undergoing observation and examination. He was brought before the court on September 18, 1956, on which date he was represented by employed counsel. At that time, the court had available a report made by the staff of the Medical Center, which contained the conclusions and recommendations of the psychiatrists who had examined the defendant at that institution. The court found that it was the recommendation and opinion of the examining psychiatrists that the defendant was competent to understand the nature of the charges against him and to participate in his defense.
As a result of the recommendation and opinion of the psychiatric staff, the court proceeded with the arraignment of the defendant upon the charge contained in an information that the defendant had, on or about April 12, 1956, at Wadsworth, in the District of Kansas, on lands acquired for the use of the United States and under the exclusive jurisdiction of the United States, feloniously committed an assault with a dangerous weapon in violation of § 113(c), Title 18 U.S.C. The defendant entered a plea of not guilty to that charge.
On October 11, 1956, the defendant, through his counsel, filed the motion now under consideration, seeking permission to inspect and copy the psychiatric reports which had been furnished to the court. The government opposes the motion and has filed a memorandum brief in which it is contended that the reports were made to the court for the sole purpose of assisting it in determining whether the defendant is competent to stand trial; and, inasmuch as such reports are not admissible in evidence in connection with a defense of insanity on the part of the defendant, that it would be improper to make them available to the defendant or to others. Counsel for the defendant urged at the hearing, however, and it seems to be his contention, that the proscription of the statute against the admission in evidence of the reports of the psychiatrists is a privilege which the defendant may waive. Therefore he contends that he should be furnished copies of the reports at this time.
The specific question seems not to have been dealt with in any reported case. This court finds itself in agreement generally with the views expressed by counsel for the government.
The purpose of the legislation of which the quoted section is a part has been discussed in many cases....
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Lyles v. United States
...the diagnoses of United States Naval Hospital physicians appearing in the plaintiff's hospital record. 37 See United States v. Everett, D.C.D.Kan.1946, 146 F.Supp. 54, 56. * Now 18 U.S.C.A. § 38 The right involved in Bruno was not, like that here in issue, covered by a specific statutory ma......
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United States v. Fogarty, CR-2-81-37.
...notice of the jury in violation of the statute."' United States v. Bell, 57 F.R.D. 31, 32 (E.D.Tenn.1972), quoting United States v. Everett, 146 F.Supp. 54, 56 (D.Kan.1956). Accord, United States v. Chaussee, 536 F.2d 637, 641-642 (7th Cir.1976)." United States v. Winn, C.A.9th (1978), 577 ......
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U.S. v. Winn
...notice of the jury in violation of the statute.' " United States v. Bell, 57 F.R.D. 31, 32 (E.D.Tenn.1972), quoting United States v. Everett, 146 F.Supp. 54, 56 (D.Kan.1956). Accord, United States v. Chaussee, 536 F.2d 637, 641-42 (7th Cir. 1976). Where a hearing is required and the reporti......
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Sangster v. State
...denied, 387 U.S. 923, 87 S.Ct. 2039, 18 L.Ed.2d 978 (1967); United States v. Bell, 57 F.R.D. 31 (E.D.Tenn.1972); United States v. Everett, 146 F.Supp. 54 (D.Kan.1956). And see 1 C. Wright, Federal Practice and Procedure § 196, at 727 (1982) ("If the psychiatrist reports that the defendant i......