Legal Opinion · Concurrence

United States v. Best

Court of Appeals for the Armed Forces

Decided September 1, 2005No. 00-0679/ARPublished

1ConcurrenceBaker, Judge

Dr. Galloway and Dr. Kirubakaran assessed Appellant’s mental condition while Appellant was an inmate at the Disciplinary *389Barracks, Fort Leavenworth, Kansas. As recounted in the majority opinion, neither doctor assessed Appellant as suffering from a severe mental disease or defect. As a result, neither doctor treated Appellant for such a disease or defect. Dr. Galloway indicated in her assessment a suspicion that Appellant was malingering and that abnormalities in his behavior should be treated in the framework of custodial discipline and not as medical problems. However, there came a time…

2Cases cited12 opinions

  1. Hewitt v. HelmsSupreme Court of the United States · 1983
  2. Kentucky Department of Corrections v. ThompsonSupreme Court of the United States · 1989
  3. Tumey v. OhioSupreme Court of the United States · 1927
  4. Vitek v. JonesSupreme Court of the United States · 1980
  5. Ford v. WainwrightSupreme Court of the United States · 1986

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