Whelchel v. Donald, No. 109
| Court | United States Supreme Court |
| Writing for the Court | DOUGLAS |
| Citation | 340 U.S. 122,95 L.Ed. 141,71 S.Ct. 146 |
| Parties | WHELCHEL v. McDONALD |
| Docket Number | No. 109 |
| Decision Date | 04 December 1950 |
v.
McDONALD.
See 340 U.S. 923, 71 S.Ct. 356.
Page 123
Mr. Hugh Carney, Atlanta, Tex., for petitioner.
Mr. John F. Davis, Washington, D.C., for respondent.
Mr. Justice DOUGLAS delivered the opinion of the Court.
Petitioner, while on active duty with the Army in Germany, was convicted by a general court-martial of rape on a German girl. The sentence of death, originally imposed, was reduced to a term of years. This case arises on a petition for a writ of habeas corpus filed in the District Court, challenging the legality of petitioner's detention under that sentence. That court denied the petition and the Court of Appeals affirmed. 176 F.2d 260; 178 F.2d 760. The main point presented by the petition for certiorari is whether the military tribunal that tried petitioner was deprived of Jurisdiction by reason of the treatment of the insanity issue tendered by petitioner. We hold that it was not.
The charges against petitioner were referred to an investigating officer in accordance with Article 70 of the Articles of War, 10 U.S.C. (1946 ed.) § 1542, 10 U.S.C.A. § 1542. The investigating officer reported that he had no reasonable ground for believing petitioner was deranged. A neuropsychiatrist attached to petitioner's division reported, after examining petitioner, that he was legally sane. The Division Staff Judge Advocate recommended a general court-martial trial, stating there was no reason to believe petitioner to be temporarily or permanently deranged. The defense of insanity was not raised, however, either at the pretrial investigation or the trial itself. After the trial
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petitioner's trial counsel wrote the Division Commanding General requesting that the case be reopened and petitioner be given a neuropsychiatric examination on the ground that counsel had received information that petitioner might have been in an epileptic fit at the time of the offense. This request received the concurrence of five of the six members of the court-martial and was accompanied by similar letters from two officers and a sergeant of petitioner's division. The record was in this condition when it was reviewed by General Eisenhower of the European Theatre of Operations, by the Board of Review of that Theatre, and by the Assistant Judge Advocate General.
There was evidence in the hearing before the District Court that petitioner may have been either insane or drunk at the time of the crime.
We put to one side the due process issue which respondent presses, for we think it plain from the law governing court-martial procedure that there must be afforded a defendant at some point of time an opportunity to tender the issue of insanity. It is only a denial of that opportunity which goes to the question of jurisdiction. That opportunity was afforded here. Any error that may be committed in evaluating the evidence tendered is beyond the reach of review by the civil courts.
The Manual prescribes the ordinary test of criminal responsibility, viz., whether the accused was able to tell right from wrong.1 Insanity is a defense.2 The pretrial
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procedure prescribed in Article 70 offers the accused an opportunity to present the defense of insanity. Petitioner had that opportunity. The Manual provides that the reviewing authority (here the Commanding General of the Division) 'will take appropriate action where it appears from the record or otherwise that the accused may have been insane' at the time of the crime, whether or not such question was raised at the trial. 3 That is also a provision which is applicable to the confirming authority4 (here...
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Burns v. Lovett, No. 11419
...1921, 256 U.S. 705, 41 S.Ct. 535, 65 L.Ed. 1180; Ex parte Potens, D.C.E.D.Wis.1945, 63 F.Supp. 582. 6 Whelchel v. McDonald, 1950, 340 U.S. 122, 71 S.Ct. 146, 95 L.Ed. 141; Hiatt v. Brown, 1950, 339 U.S. 103, 70 S.Ct. 495, 94 L.Ed. 691; Dynes v. Hoover, 1858, 20 How. 65, 61 U.S. 65, 15 L.Ed.......
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Buehrer, In re, No. A--2
...commissions even though the penalty may be death, Ex parte Quirin, 317 U.S. 1, 63 S.Ct. 1, 87 L.Ed. 3 (1943); Whelchel v. McDonald, 340 U.S. 122, 71 S.Ct. 146, 95 L.Ed. 141 (1950), rehearing denied, 340 U.S. 923, 71 S.Ct. 356, 95 L.Ed. 666 (1951); Reid v. Covert, 354 U.S. 1, 77 S.Ct. 1222, ......
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Hurst v. People of State of California, Civ. No. 8507.
...on appeal. Habeas corpus was looked upon solely as a device for attacking the jurisdiction of the trial court (Whelchel v. McDonald, 340 U.S. 122, 71 S.Ct. 146, 95 L. Ed. 141; and Eagles v. United States ex rel. Samuels, 329 U.S. 304, 67 S.Ct. 313, 91 L.Ed. 308). The Mapp case, however, has......
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U.S. ex rel. New v. Rumsfeld, No. CIV.A.96-0033(PLF).
...federal courts." U.S. ex rel. Toth v. Quarles, 350 U.S. 11, 17-18, 76 S.Ct. 1, 100 L.Ed. 8 (1955); see also Whelchel v. McDonald, Page 93 340 U.S. 122, 127, 71 S.Ct. 146, 95 L.Ed. 141 (1950) (right to trial by jury guaranteed by Sixth Amendment not applicable to trials by courts-martial or ......
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Burns v. Lovett, No. 11419
...1921, 256 U.S. 705, 41 S.Ct. 535, 65 L.Ed. 1180; Ex parte Potens, D.C.E.D.Wis.1945, 63 F.Supp. 582. 6 Whelchel v. McDonald, 1950, 340 U.S. 122, 71 S.Ct. 146, 95 L.Ed. 141; Hiatt v. Brown, 1950, 339 U.S. 103, 70 S.Ct. 495, 94 L.Ed. 691; Dynes v. Hoover, 1858, 20 How. 65, 61 U.S. 65, 15 L.Ed.......
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Buehrer, In re, No. A--2
...commissions even though the penalty may be death, Ex parte Quirin, 317 U.S. 1, 63 S.Ct. 1, 87 L.Ed. 3 (1943); Whelchel v. McDonald, 340 U.S. 122, 71 S.Ct. 146, 95 L.Ed. 141 (1950), rehearing denied, 340 U.S. 923, 71 S.Ct. 356, 95 L.Ed. 666 (1951); Reid v. Covert, 354 U.S. 1, 77 S.Ct. 1222, ......
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Hurst v. People of State of California, Civ. No. 8507.
...on appeal. Habeas corpus was looked upon solely as a device for attacking the jurisdiction of the trial court (Whelchel v. McDonald, 340 U.S. 122, 71 S.Ct. 146, 95 L. Ed. 141; and Eagles v. United States ex rel. Samuels, 329 U.S. 304, 67 S.Ct. 313, 91 L.Ed. 308). The Mapp case, however, has......
-
U.S. ex rel. New v. Rumsfeld, No. CIV.A.96-0033(PLF).
...federal courts." U.S. ex rel. Toth v. Quarles, 350 U.S. 11, 17-18, 76 S.Ct. 1, 100 L.Ed. 8 (1955); see also Whelchel v. McDonald, Page 93 340 U.S. 122, 127, 71 S.Ct. 146, 95 L.Ed. 141 (1950) (right to trial by jury guaranteed by Sixth Amendment not applicable to trials by courts-martial or ......