Lawrence W. Green v. United States

BAZELON, Chief Judge, with whom WRIGHT, Circuit Judge,

concurs, dissenting.

I think this robbery conviction must be reversed for new trial, for the reasons stated in my dissent from this court’s, recent opinion in Whalem v. United States, 120 U.S.App.D.C. 331, 346 F.2d 812, decided April 23, 1965. No indication appears in the record that the question of competency, raised by defense counsel’s motion for mental examination, was ever judicially resolved. Here, as in Whalem, psychiatric opinion on the issue was expressed in the most conclusory boiler-plate language. Thus the record was fatally…