Legal Opinion

United States v. Charles Gillenwater, Ii

Court of Appeals for the Ninth Circuit

Decided June 17, 2013No. 11-30363, 12-30027PublishedCited by 10 opinions

1Opinion of the Court

OPINION

PAEZ, Circuit Judge:

Defendant Charles Lee Gillenwater, II, appeals the district court’s order finding him incompetent to stand trial. The district court made its determination after ordering a psychological examination of Gillenwater and conducting a pretrial competency hearing pursuant to 18 U.S.C. §§ 4241, 4247. At the hearing, Gillenwater sought to testify against the advice of his counsel. This led to a disruptive outburst from Gillenwater, which prompted the district court to remove him from the courtroom. As a result, Gillenwater was not permitted to testify during the hearing.…

2Cases cited50 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Thomas v. ArnSupreme Court of the United States · 1986
  3. Chapman v. CaliforniaSupreme Court of the United States · 1967
  4. Morrissey v. BrewerSupreme Court of the United States · 1972
  5. Johnson v. ZerbstSupreme Court of the United States · 1938

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3Cited by10 opinions

  1. Shawn Shannon v. United StatesCourt of Appeals for the Seventh Circuit · 2022
  2. United States v. Charles Gillenwater, IICourt of Appeals for the Ninth Circuit · 2014
  3. United States v. Andrew KowalczykCourt of Appeals for the Ninth Circuit · 2015
  4. United States v. Malcolm Roy EvansCourt of Appeals for the Eighth Circuit · 2018
  5. United States v. BrennanDistrict Court, W.D. New York · 2019

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