337 F.2d 548 | D.C. Cir. | 1964
Dissenting Opinion
(dissenting).
The District Court denied relief without a hearing in these proceedings under 28 U.S.C. § 2255, and denied leave to appeal in forma pauperis. Petitioner now seeks such leave from this court.
It appears that our indigent petitioner has a history of drug addiction and claims to have been an addict at the time of the alleged narcotics offenses; that he was convicted of Harrison Act violations by a jury unaware that he wished to raise an insanity defense; that he was unable to present this defense because he was both unable to pay for psychiatric services himself, and unsuccessful in repeated efforts, before and during trial, to be committed for a period of mental observation at public expense; that his appointed counsel refused to assist in obtaining this expert evaluation of the merits of his defense; that the two district judges from whom he sought an order for commitment and observation allowed him only a brief psychiatric interview limited to the narrow question of his competency to stand trial;
Matters of defense, such as mental condition at the time of the crime, are ordinarily not available on collateral attack.
Petitioner’s history of drug addiction presented a recognized symptom of serious mental disorder.
I would grant this petition for leave to appeal in forma pauperis and order the Government to show cause why the case should not be remanded for hearing.
. Generally, an inquiry into competency is of more limited scope than an inquiry into criminal responsibility, and adequate evidence that a defendant is competent
. Petitioner assigned the denial of his request for commitment as error in his pro se petition to this court for leave to appeal in forma pauperis from his conviction.
. 28 U.S.O. § 2255.
. See, e.g., Bishop v. United States, 96 U.S.App.D.C. 117, 119 nn. 2, 3, 223 F.2d 582, 584 nn. 2, 3 (1955), rev’d on other grounds, 350 U.S. 961, 76 S.Ct. 440, 100 L.Ed. 835 (1956).
. H.RJR.ep.No. 2388, 84th Cong., 2d Sess. 54 (1956); Robinson v. California, 370 U.S. 660, 667 n. 8, 82 S.Ct. 1417, 8 L.Ed.2d 758 (1962); Final Report of the President’s Advisory Commission on Narcotic and Drug Abuse 54 (1963); cases cited infra note 9.
. Cf. Leach v. United States, 118 U.S.App.D.C. —, 334 F.2d 945, decided April 9, 1964; Goldstein & Fine, The Indigent Accused, the Psychiatrist, and the Insanity Defense, 110 U.Pa.L.Rev. 1061 (1962); Report of the Attorney General’s Committee on Poverty and the Administration oe Criminal Justice (1963); see Criminal Justice Act, P.L. 88 — 455, enacted Aug. 20, 1964, 18 U.S.C. § 3006A(e).
. Griffin v. Illinois, 351 U.S. 12, 76 S.Ct. 585, 100 L.Ed. 891 (1956); Coppedge v. United States, 369 U.S. 438, 82 S.Ct. 917, 8 L.Ed.2d 21 (1962); Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1933).
. Compare the opinions in Coppedge v. United States, supra.
. Brown v. United States, 118 U.S.App.D.C. —, 331 F.2d 822 (1964); Jackson v. United States, 118 U.S.App.D.C. —, 336 F.2d 579, decided Aug. 7, 1964 (separate opinion). The United States Attorney has indicated his agreement that failure to afford an addict a requested pre-trial mental examination is reason to vacate conviction for a new trial. Appellee’s motion to remand for a new trial, Langley v. United States, No. 18455, granted Sept. 9, 1964.
. Goldstein & Fine, note 6, supra. Compare Winn v. United States, supra; and Mitchell v. United States, 114 U.S.App.
. Willis v. United States, 106 U.S.App. D.C. 211, 218, 271 F.2d 477, 484 (1959) (dissenting opinion), cert. denied, 362 U.S. 964, 80 S.Ct. 881, 4 L.Ed.2d 879 (1960); Plummer v. United States, 104 U.S.App.D.C. 211, 213, 260 F.2d 729, 731 (1958) (dissenting opinion).
. In this connection, see note 1, supra, and Mitchell v. United States, supra, note 10.
Lead Opinion
Order
On consideration of petitioner’s petition for leave to prosecute an appeal without prepayment of costs, of respondent’s opposition thereto, and of petitioner’s reply, it is
Ordered by the court that the aforesaid petition is denied.