Massey v. Moore, Warden

Whatever might have been the effect of any one circumstance standing alone, it seems to me that, when the fact that petitioner was not offered counsel for his defense • is coupled with the fact that he was probably insane at the time of trial, and with the further fact that his mental incapacity, if not brought to the attention of the state court, was known to the state penitentiary officials who removed him from the prison psychopathic ward and delivered him for trial, the conclusion is inescapable that the petitioner has been denied due process of law.

While the district judge decided that…