United States v. Don Wade

Here we revisit Wade v. United States, 426 F.2d 64 (9th Cir. 1970). Therein, we changed our definition of mental responsibility in criminal cases.

Now we are mainly concerned with the trial court’s compelling the defendant to submit to examination by court-appointed psychiatrists on the pain of losing the right to present a defense of insanity. The order appointing psy*259chiatrists and ordering examination to determine both competence to stand trial and sanity at the time of the offense was made under authority of 18 U.S.C. § 4244. It is now the law of this circuit that § 4244 does not authorize…