Legal Opinion

Robert v. Bruce v. W. J. Estelle, Director, Texas Department of Corrections

Court of Appeals for the Fifth Circuit

Decided September 6, 1973No. 72-2641PublishedCited by 124 opinions

1Opinion of the Court

GEWIN, Circuit Judge.

In this case, we are once again confronted with the difficult task of reviewing the question whether a state prisoner is entitled to a writ of habeas corpus because of his alleged incompetence to assert an intelligent and meaningful defense during his trial. The record discloses an unusual and bizarre factual background. We do not lightly undertake our responsibility because it was a fundamental precept at common law,1 and more recently a constitutional mandate that one who is incompetent cannot be criminally prosecuted.2

Robert Bruce, a state prisoner appeals from the…

2Cases cited51 opinions

  1. Townsend v. SainSupreme Court of the United States · 1963
  2. Dusky v. United StatesSupreme Court of the United States · 1960
  3. Pate v. RobinsonSupreme Court of the United States · 1966
  4. Burgett v. TexasSupreme Court of the United States · 1967
  5. Turner v. LouisianaSupreme Court of the United States · 1965

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3Cited by124 opinions

  1. Geza De Kaplany v. J. J. Enomoto, Director of California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 1976
  2. James Armando Card v. Richard L. DuggerCourt of Appeals for the Eleventh Circuit · 1990
  3. Penry v. StateCourt of Criminal Appeals of Texas · 1985
  4. Robert Vernon Bruce v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1976
  5. United States v. JamesCourt of Appeals for the Fifth Circuit · 1976

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