*1 enacting it has enabled the de- of Columbia benefits had in the marital legislatures agree provide appellants duction. various commonwealths, Congress, legislature, adopt- of states and citizens the national anomaly op- petitions provide for relief from this ed the marital deduction Congress. equalization properly the tax addressed to of in common law treatment of estates Affirmed. However, community property states. disagree appellants Judge insofar as W. SPOTTSWOOD purpose tend tax III, participate ROBINSON, meaning long-stand-
modifies of this case. ing Congress pro- local statute wherein a vided that in the District of Columbia
dissenting could take one-third widow surplus after debts. The correct
terpretation of Columbia
intestacy opin- statute is set forth in the ion of Matthews Herson
Mills, (D.D.C.1963). F.Supp. As Herson, the court noted the District rejected general equi- doctrine FULLER, Appellant, taxes,5 Granville apportionment table estate Herson absence that doctrine concluded that the entire of es- amount America, UNITED STATES tax tate was deductible as a “debt” be- Appellee. computing “surplus” fore in which jurisdictions the widow shares. Other permitted ap- the result pellants contend, by specific either stat- June general judicial adoption equi- ute or apportionment table of estate taxes.6 Decided Dec. However, we are not inclined to our settled course of decisions-—either to
upset general law of decedent’s es- merely
tates in the District dissenting larger por- a allow widow a expense
tion of the estate at the legatees remaining the.Government, exception
or to out carve a narrow share,
the widow’s intestate only
which other states have taken through legislatures. of their actions provision
If the marital deduction policy
the tax Con- law reflects gress govern applicable local considers Columbia, Congress
law in the District of easily remedy.
can gress If Con- sluggish legis-
has been as a local
lature in to the District available See In re Hepburn Estate, Winthrop, 371 P.2d Glover’s 1962) (Hawaii (discussing re- A.L.R. cases and equitable apportionment). jecting recent reaffirmation Colum Payne, U.S.App.D.C. bia v.
Bress, Q. Atty., Frank Nebeker U. S. Attys., Palmer, were Asst. Allan M. U. S. brief, appellee. on Judge, Fahy, Bazelon, Before Chief Leventhal, Senior Circuit Judge. PER CURIAM: Appellant sexually was convicted of years violating child five age, a crime defined in D.C.Code § appeal questions 22-3501. His raises prejudicially erred in whether the failing sponte to mental ex- order a sua appellant amination of competency to determine also
to stand miscarriage jus- whether there was civil com- tice failure to follow the procedures of Psychopath as the Sexual known pursuing instead D.C.Code § procedures. These usual criminal of a factual arise in the context requires their situation consideration, which though imply crit- judge trial as icism of action appeared to him. matter years Appellant when was blind, has arose. He is case very pertinent record which is pursue in the law should definitely indi- this case. This record dangerous propensity toward cates his involved, es- conduct similar to that here drinking, pecially he when resorts Moreover, he Chief often done. Legal Psychiatric Oc- Division gave appellant opinion tober (1) passive-aggressive suffered syn- personality chronic brain drome associated with arteriosclerosis dis- alcoholism turbance, with definite evidence marked Tansey, Washington, Mr. John T. D. problems likely repetitive he C., Beasley, Jr., with whom Mr. A. Cecil to either alcohol access Washington, (both appointed D. C. court) brief, appel- on the was it the cir think was error trial cumstances this case Burnett, Arthur Mr. Asst. U. S. for this offense, receipt Atty., upon with whom Messrs. of that David G. criminal without at least a on the cretion decide what competency. issue of appropriate. case seems The District Legal Psychiatric Services did not Court like the exercise of a discretion press opinion subject, on that but decide to reinstate the sentence *3 opinion hereby had not been asked to do so. The to vacated cr that sen- enough express tence, did raised doubt or it decide to set aside the competency to op- criminal trial, conviction and order a new with hearing. portunity call for a compe- to raise tency insanity. and the defense of And competency On our remand for a already setting noted the aside of the hearing the will also be authorized sentence will afford the District Court receive, prosecutor to file, to direct prosecutor, advised, op- and the so looking ap a statement toward com- plication Act, relating provisions of the Miller see psychopaths. sexual D.C.Code 22-3504 preclude D.C.Code 22-3504. not We do (c). hearing The on remand can con be by consideration the District Court ducted even in the absence of a formal any disposition specifically men- statement so as to embrace the issue by tioned us which should occur to the whether civil commitment under that act brought court or be to the court’s atten- society. best serves interest tion counsel.1 The on remand should em- It is so ordered. possibility brace the issue of lack competency assuming trial, at even BAZELON, Judge (concurring): prior that conditions to the October report compel such join opinion, I in the court’s and would hearing. presumably Since here there only add this comment. will be available the notes of the Chief of imposed prison The District Court Legal Psychiatric Services made at a designed sentence, a shortly time in a of ref- frame provide Fuller treatment which would though analyt- to, erence that is related improve Therefore, his condition. he is ically distinguished from, the issue of to renew behavior his competency, problem retroactive imprisonment, after his release from might not, be avoided. If a new trial with another conviction and further im- required, Dusky would be as in v. United prisonment public to follow. Neither the States, 402, 80 362 U.S. S.Ct. pro- nor Fuller would be benefited. Ed.2d 824. gram treatment, of care and hand, In constitute a justice, first interest of and step any give administration, bona inquiry sound hearing fide effort to him at the society hope controlling and appellant’s some his should also embrace mental behavior. condition at the time of the of fense, since this too relate to is present In the case such a sue whether new trial should or reality must confront the that Fuller’s dered, judgment what kind of probably abnormalities appropriate, sentence is disposition kind of what due to appel should be made of this were, If it irreversible. equiva- to a mental institution would be Accordingly, the benefit of lent to a life sentence. This course hearing, appellant’s record, particu- followed, all, only should be if at after all larly matters, thoroughly been Court shall plored exercise of a sound dis- exhausted. might seq.,
1. This civil commitment un ll D.C. 21-501 et ^include der the conviction be set aside. Eugene MCCARTHY, United States J. reported that Fuller’s misconduct Senator, Petitioner, exposure to the combination stems so, of alcohol If suggest some form of blindness FEDERAL COMMUNICATIONS COM supervision deprivation or less-than-total MISSION and United States might liberty pro- reasonable America, Respondents, community. tection Inc., Broadcasting System, It the sexual Inc., true Broadcasting Companies, American patient Broadcasting Company, “if the is de- National Inc., Intervenors. psychopath, termined to be a sexual commit him to Saint Eliza- shall * * Hospital But since beths *4 explored in must be proceeding under commitment 15,1968. on Motion Feb. Act,2 Mentally Hospitalization 111 of the not assume that 19, Decided Feb. 1968. tended to withhold such consideration persons psy- as “sexual committed 3 ques- chopaths.” Otherwise, protection equal arise.4 tions of remand, therefore, Dis- I think the
On resort to absolute
trict Court Hospital, finement Elizabeths Saint psychopath law
whether under the sexual Mentally Hospitalization of the Act,5 only
111 it has determined that satisfactory exists.6
no
alternative
(1967).
1.
According
presentence
D.C. Code
22-3508
§
found that
Fuller has
(1967);
(b)
Lake v.
21-545
D.C. Code
(dull normal);
I.Q. of 86
that he has a
264,
Cameron,
U.S.App.D.C.
F.
124
364
long-standing personality
(pas-
disorder
(1966).
2d 657
sive-aggressive personality) with “marked
Proceedings
under the
problems among others;”
essentially equivalent
to civil
there is “definite
evidence”
proceedings.
Cam
Millard v.
damage resulting
from arterioscler-
eron,
U.S.App.D.C. 383,
F.2d
125
373
alcoholism;
osis
and that he would
Overholser,
(1966);
468
App.D.C. 110,
Miller v.
92 U.S.
dangerous
exposed
to alcohol