HINCKLEY ET AL.

v.

TUTUSKA, SHERIFF

Citator

Cited By

• United States v. Burl Gene Maret, 433 F.2d 1064 (8th Cir. 1970)
  …he defendant was pronounced a “sociopathic personality” with no signs of psychosis or thought disorder. Some degree of mental illness does not equate with legal incompetence. Butler v. United States, 384 F. 2d 522, 523 (8th Cir. 1967), cert. denied, 391 U.S. 952, 88 S.Ct. 1854, 20 L.Ed.2d 865 (1968) . When the report does not indicate a state of present insanity or mental incompetence, the trial court is not required to take any other action prior to trial. The purpose of an 18 U.S.C. § 4244 psychiatric ex…
• United States v. Mills, 430 F.2d 526 (8th Cir. 1970)
  …tual, understanding of the proceedings against him. See United States v. Schultz, 431 F. 2d 907 (8th Cir., July 17, 1970); Wheeler v. United States, 404 F. 2d 252 (8th Cir. 1968); Butler v. United States, 384 F. 2d 522 (8th Cir. 1967), cert. denied, 391 U.S. 952, 88 S.Ct. 1854, 20 L.Ed.2d 865 (1968). Under this test, the trial court properly determined Mills’ competency. Mills also contends on this appeal that Judge Graven’s failure to fully comply with Fed.R.Crim.P. 11 requires reversal. In his petition,…
• Guenter H. Schoeller v. Dunbar, 423 F.2d 1183 (9th Cir. 1970)
  …on could rarely, if ever, be performed without an evidentiary hearing. The petitioner in such a case bears the burden of proving the fact of incompetency to stand trial. (See Butler v. United States (8th Cir. 1967) 384 F. 2d 522, cert. denied (1968) 391 U.S. 952, 88 S.Ct. 1854, 20 L.Ed.2d 865.) The record of the state trial court in the case at bench contains substantial evidence that appellant was incompetent to stand trial. This is a Pate case, rather than a Rhay, or competency-in-fact ease. Indeed, the…