Legal Opinion · Dissent

United States v. Carey

United States Court of Military Appeals

Decided May 6, 1960No. 13,564Published

1DissentFerguson, Judge

I dissent.

I do not believe that I overstate the case when I declare that our affirmance of the findings of guilty in face of the psychiatric evidence in this record effectively destroys, from a factual standpoint, the value of expert medical testimony on behalf of an accused. On many occasions, we have relied upon the statments of psychiatrists in determining that there was sufficient evidence of accused’s mental responsibility. Now that the shoe is on the other foot, however, we discount its value by expressing our confidence in the medical expertise of a barmaid. Cf. United States v…

2Cases cited13 opinions

  1. Charles W. Douglas v. United States of America, (Two Cases)Court of Appeals for the D.C. Circuit · 1956
  2. Clarence L. Wright v. United StatesCourt of Appeals for the D.C. Circuit · 1957
  3. United States v. O'NealUnited States Court of Military Appeals · 1952
  4. United States v. BrandUnited States Court of Military Appeals · 1959
  5. United States v. BurnsUnited States Court of Military Appeals · 1953

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