Legal Opinion

Wayne McCollum v. James E. Bush

Court of Appeals for the Fifth Circuit

Decided May 6, 1965No. 21819PublishedCited by 51 opinions

1Per curiam

Upon careful consideration, we find ourselves in agreement with nearly all of the thorough and able opinion of the district judge. While we think that the opinion of a general medical practitioner as to sanity is admissible, it seems clear to us, under the facts and circumstances of this case, that in adjudicating Bush guilty and sentencing him to life imprisonment without any psychiatric testimony, 1 the state denied Bush both a fair trial and the effective assistance of counsel. The judgment is therefore

Affirmed.

1. The only psychiatric testimony given on behalf of the appellee was that of a…

2Cases cited1 opinion

  1. Bush v. TexasSupreme Court of the United States · 1963

3Cited by51 opinions

  1. State v. JenkinsOhio Supreme Court · 1984
  2. Joseph James Blake v. Ralph Kemp, Warden, Georgia Diagnostic CenterCourt of Appeals for the Eleventh Circuit · 1985
  3. United States v. McArthur Edwards, AKA Edwards McArthur and Charles Darnell WardCourt of Appeals for the Fifth Circuit · 1974
  4. LP v. Natrona County Department of Public Assistance & Social ServicesWyoming Supreme Court · 1984
  5. Eugene Mason v. State of Arizona, A. E. Gomes, Superintendent, Arizona State Prison AtflorenceCourt of Appeals for the Ninth Circuit · 1975

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