Don Wade v. United States

ELY, Circuit Judge:

Once again we sit en banc to consider an appeal challenging the viability of the M’Naghten rules. As recently as 1968 we sat en banc in the consolidated cases of Ramer v. United States and Church v. United States, 390 F.2d 564 (9th Cir. 1968), and decided that neither of the cases contained such an appropriate record as would allow us to reach the merits of the issue of whether more modern standards for the determination of criminal responsibility should be adopted. No other Circuit except the First continues to rely on the ancient M’Naghten rules, and that Circuit has not,…