MUNCASTER

v.

UNITED STATES

Citator

Cited By

• Amen v. City OF Dearborn, 718 F.2d 789 (6th Cir. 1983)
  …1,1 and the civil rights jurisdictional statute, 28 U.S.C. § 1343(3).2 Relying upon City of Kenosha v. Bruno, 412 U.S. 507, 93 S.Ct. 2222, 37 L.Ed.2d 109 (1973) and Moor v. County of Alameda, 411 U.S. 693, 93 S.Ct. 1785, 36 L.Ed.2d 596 reh’g denied, 412 U.S. 963, 93 S.Ct. 2999, 37 L.Ed.2d 1012 (1973), the district court held that the City could not be sued under 42 U.S.C. § 1983 and its jurisdictional statute, § 1343(3). See 363 F.Supp. at 1270. However, the court concluded that the City could be sued direc…
• United States v. Hollis, 569 F.2d 199 (3d Cir. 1977)
  …tion, would appear to frustrate the purpose of § 4244, which is to guarantee that an incompetent defendant not be required to stand trial. See United States v. Muncaster, 345 F.Supp. 970, 973-974 (M.D.Ala. 1972), aff’d, 472 F. 2d 1407, cert. denied, 412 U.S. 963, 93 S.Ct. 3021, 37 L.Ed.2d 1011 (1973). In the absence of any explicit indication by Congress that a petitioner such as Hollis should carry the burden of proof, we decline to hold that he does.13 III. In sum, in this case it was error to place the…
• United States v. Huguenin, 950 F.2d 23 (1st Cir. 1991)
  …ute, since if the defendant is in fact incompetent, his decision to give or withhold consent to an examination cannot be considered valid. See United States v. Muncaster, 345 F.Supp. 970 (M.D.Ala.1972), aff'd 472 F. 2d 1407 (5th Cir.), cert. denied, 412 U.S. 963, 93 S.Ct. 3021, 37 L.Ed.2d 1011 (1973) (if defendant “is competent, [he] needs no examination, and the examination will not help [him] ... ”, while if he “is incompetent, [he] cannot make the decision, and [his] agreement thereto is void”). We think…