ABRAMSON

v.

UNITED STATES

Citator

Cited By (52 total)

• Chestnut v. State, 538 So. 2d 820 (Fla. 1989)
  …mental abnormalities is admissible on the question of whether the defendant in fact possessed a particular mental state which is an element of the charged offense. E.g. Bethea v. United States, 365 A. 2d 64, 83-84 n. 41 (D.C.App.1976), cert. denied, 433 U.S. 911, 97 S.Ct. 2979, 53 L.Ed.2d 1095 (1977). See generally, W. LaFave & A. [*823] Scott, Handbook on Criminal Law § 42 at 325-26 (1972) (calling adoption of the doctrine the “better view”). When a court rejects the doctrine of diminished capacity, it…

  ← 1 / 3 →
• Bunney v. State, 603 So. 2d 1270 (Fla. 1992)
  …did not tell them they could. The esoterics of psychiatry are not within the ordinary ken.’ ” Chestnut, 538 So. 2d at 823 (emphasis added) (citation and footnotes omitted) (quoting Bethea v. United States, 365 A. 2d 64, 88 (D.C.1976), cert. denied, 433 U.S. 911, 97 [*1273] S.Ct. 2979, 53 L.Ed.2d 1095 (1977)). This Court further explained: “It takes no great expertise for jurors to determine whether an accused was ‘ “so intoxicated as to be mentally unable to intend anything (unconscious),” ’ ... whereas t…
• Spinkellink v. Louie L. Wainwright, 578 F.2d 582 (5th Cir. 1978)
  …already held, Spenkelink was constitutionally sentenced to die upon affirmance of his sentence by the Florida Supreme Court. That affirmance empowered the State then to execute him. See Cruz v. Skelton, 5 Cir., 1976, 543 F. 2d 86, 89, cert. denied, 433 U.S. 911, 97 S.Ct. 2980, 53 L.Ed.2d 1096 (1977); Brown v. Lundgren, 5 Cir., 528 F. 2d 1050, 1052-53, cert. denied, 429 U.S. 917, 97 S.Ct. 308, 50 L.Ed.2d 283 (1976); Hoffa v. Saxbe, D.D.C., 1974, 378 F.Supp. 1221, 1245. But it did not. The governor and cabin…