Legal Opinion
United States v. Ghane
Court of Appeals for the Eighth Circuit
Decided January 29, 2010No. 08-3700PublishedCited by 13 opinions
1Opinion of the Court
HANSEN, Circuit Judge.
This is the third time we have reviewed Dr. Hessam Ghane’s competency to stand trial. Following the most recent competency hearing held in September 2008, the district court determined that Dr. Ghane was not then able to consult with and assist his attorneys in his defense, nor would he achieve competency within the foreseeable future. With all due respect to the district court, we believe it clearly erred by basing its conclusion on improper considerations, and we reverse the district court’s finding that Dr. Ghane was incompetent to stand trial in September 2008.
I
Dr.…
2Cases cited14 opinions
- Dusky v. United StatesSupreme Court of the United States · 1960
- Cooper v. OklahomaSupreme Court of the United States · 1996
- Sell v. United StatesSupreme Court of the United States · 2003
- United States v. Eddie Louis DentonCourt of Appeals for the Eighth Circuit · 2006
- United States v. Jose Guadalupe Jimenez-Villasenor, Also Known as "Grenas," United States of America v. Alejandro Flores-RomeroCourt of Appeals for the Eighth Circuit · 2001
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Newman v. StateSupreme Court of Arkansas · 2014
- Gorbey v. United StatesDistrict of Columbia Court of Appeals · 2012
- United States v. MuellerCourt of Appeals for the Eighth Circuit · 2011
- United States v. Tiran CasteelCourt of Appeals for the Eighth Circuit · 2013
- United States v. DeCoteauCourt of Appeals for the Eighth Circuit · 2011
8 more not listed; retrieve them via the Exa API.