Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
At his trial in a Texas State Court for the crime of felony theft, petitioner pleaded not guilty by reason of insanity; but he was convicted and sentenced to imprisonment. The Texas Court of Criminal Appeals affirmed. Subsequently, while petitioner's claim that his conviction violated the Due Process Clause of the Fourteenth Amendment was pending in this Court, he was sent to a mental hospital, where it was found that he suffers simple schizophrenia and had been only partly, or not at all, responsible for his acts for many years. The State brought this information to the attention of this Court; and the Assistant State Attorney General stated on oral argument that, if the judgment affirming petitioner's conviction were vacated, he would favor granting petitioner a new trial. Held: The judgment affirming petitioner's conviction is vacated and the case is remanded for consideration in the light of subsequent developments. Pp. 586-590.
Reported below: 172 Tex. Cr. R. 54, 353 S. W. 2d 855.
Charles Alan Wright argued the cause for petitioner. With him on the briefs was Billy J. Moore.
Bruce Allen and Allo B. Crow, Jr., Assistant Attorney General of Texas, argued the cause for respondent. With them on the briefs were Waggoner Carr, Attorney General, and Sam R. Wilson and Linward Shivers, Assistant Attorneys General.
PER CURIAM.
This case raises questions of due process under the Fourteenth Amendment growing out of the conviction of petitioner, an indigent, for the crime of felony theft. Upon proof of two prior theft convictions, petitioner was sentenced to life imprisonment as an habitual offender. The Texas Court of Criminal Appeals affirmed. 172 Tex. [372 U.S. 586, 587] Cr. R. 54, 353 S. W. 2d 855 (1962). We granted certiorari. 371 U.S. 859 .
Petitioner, who in 1924 had been adjudged insane, entered a plea of not guilty by reason of insanity. His claims of a denial of due process are based on (1) the trial court's refusal prior to trial either to send him to a state mental institution for observation and diagnosis before requiring him to stand trial or to appoint and pay for a competent psychiatrist for that purpose; and (2) the alleged denial by the trial court of adequate time for proper examination and diagnosis by a psychologist who appeared at the trial upon request of petitioner's counsel.
Three days before argument here the State commendably filed a "Supplemental Brief for the Respondent" calling to the Court's attention the following "Diagnostic Summary," relating to the petitioner's mental condition, prepared by the Psychiatric Resident of the Houston State Psychiatric Institute at Houston:
The judgment of the Texas Court of Criminal Appeals is therefore vacated, and the case is remanded for consideration in light of subsequent developments.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Citation: 372 U.S. 586
Docket No: No. 511
Argued: February 26, 1963
Decided: March 25, 1963
Court: United States Supreme Court
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
FindLaw for Legal Professionals
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)