Legal Opinion
United States v. Thamin Shawar
Court of Appeals for the Seventh Circuit
Decided January 6, 1989No. 87-2974PublishedCited by 39 opinions
1Opinion of the Court
KANNE, Circuit Judge.
The sole issue in this appeal concerns the procedure which a district court must follow after a defendant is found to be mentally incompetent to stand trial. Here, after making such a finding, the district court dismissed the charges against the defendant because there was no evidence that his condition would ever improve, and because he did not seem dangerous. Because the court did not comply with the procedures established by 18 U.S.C. § 4241(d) to govern such situations, we must reverse.
I. Facts
Thamin Shawar entered the United States from Jordan at approximately age…
2Cases cited12 opinions
- United States v. SalernoSupreme Court of the United States · 1987
- Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
- Vitek v. JonesSupreme Court of the United States · 1980
- Jackson v. IndianaSupreme Court of the United States · 1972
- Jean v. NelsonSupreme Court of the United States · 1985
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3Cited by39 opinions
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- United States v. James "Jimmy" DonofrioCourt of Appeals for the Eleventh Circuit · 1990
- United States v. Louie A. Ferro, Sr.Court of Appeals for the Eighth Circuit · 2003
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