WHITFIELD
v.
LYNAUGH, DIRECTOR, TEXAS DEPARTMENT OF CORRECTIONS

U.S. | 1988-10-03
No. 87-7299
488 U.S. 845 Supreme Court of the United States (1988) Positive Treatment
Cited by 2 cases

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  • United States v. Coy Ray Phelps, 955 F.2d 1258 (9th Cir. 1992)
    …yden, 860 F. 2d 1483, 1485 (9th Cir.1988). This is a question of first impression for the Ninth Circuit, but we may look to other circuits for guidance. The Eighth Circuit, in United States v. Wallace, 845 F. 2d 1471, 1474 (8th Cir.), cert. denied, 488 U.S. 845, 109 S.Ct. 121, 102 L.Ed.2d 94 (1988), held that placing the burden of proof on a defendant found not guilty only by reason of insanity and committed in accordance with section 4243 comports with due process. Applying the three factors from Mathews,…

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