United States v. Don Wade

Ninth Circuit

United States v. Don Wade

489 F.2d 258

CourtCourt of Appeals for the Ninth Circuit

DecidedOctober 4, 1973

Docket71-2316

StatusPublished

Cited by8 cases

This text of 489 F.2d 258 (United States v. Don Wade) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Don Wade, 489 F.2d 258 (9th Cir. 1973).

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PER CURIAM:

Here we revisit Wade v. United States, 426 F.2d 64 (9th Cir. 1970). Therein, we changed our definition of mental responsibility in criminal cases.

Now we are mainly concerned with the trial court’s compelling the defendant to submit to examination by court-appointed psychiatrists on the pain of losing the right to present a defense of insanity. The order appointing psy[259]*259chiatrists and ordering examination to determine both competence to stand trial and sanity at the time of the offense was made under authority of 18 U.S.C. § 4244. It is now the law of this circuit that § 4244 does not authorize such an order. United States v. Malcolm, 475 F.2d 420 (9th Cir. 1973). The court still has the authority, as part of the inherent power of the court, to order such an examination. On the facts of this case, we find that the order did not impermissibly infringe Wade’s constitutional rights, and the court did not abuse its discretion. See also, United States v. Handy, 454 F.2d 885 (9th Cir.), cert. den., 409 U.S. 846, 93 S.Ct. 49, 34 L.Ed. 2d 86 (1972).

Appellant cannot challenge the validity of the district court’s stated sanction for not submitting to an examination by court-appointed psychiatrists, since he complied with the order compelling examination. Williams v. Florida, 399 U.S. 78, 83, n. 14, 90 S.Ct. 1893, 26 L.Ed.2d 446 (1969). We cannot, at this time, decide whether an order prohibiting all evidence on insanity at the time that the offense was committed, not just expert testimony, is impermissibly broad.

The judgment of conviction is affirmed.

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PER CURIAM:

Here we revisit Wade v. United States, 426 F.2d 64 (9th Cir. 1970). Therein, we changed our definition of mental responsibility in criminal cases.

Now we are mainly concerned with the trial court’s compelling the defendant to submit to examination by court-appointed psychiatrists on the pain of losing the right to present a defense of insanity. The order appointing psy[259]*259chiatrists and ordering examination to determine both competence to stand trial and sanity at the time of the offense was made under authority of 18 U.S.C. § 4244. It is now the law of this circuit that § 4244 does not authorize such an order. United States v. Malcolm, 475 F.2d 420 (9th Cir. 1973). The court still has the authority, as part of the inherent power of the court, to order such an examination. On the facts of this case, we find that the order did not impermissibly infringe Wade’s constitutional rights, and the court did not abuse its discretion. See also, United States v. Handy, 454 F.2d 885 (9th Cir.), cert. den., 409 U.S. 846, 93 S.Ct. 49, 34 L.Ed. 2d 86 (1972).

Appellant cannot challenge the validity of the district court’s stated sanction for not submitting to an examination by court-appointed psychiatrists, since he complied with the order compelling examination. Williams v. Florida, 399 U.S. 78, 83, n. 14, 90 S.Ct. 1893, 26 L.Ed.2d 446 (1969). We cannot, at this time, decide whether an order prohibiting all evidence on insanity at the time that the offense was committed, not just expert testimony, is impermissibly broad.

The judgment of conviction is affirmed.

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