Legal Opinion

United States v. Osborne Henriques

Court of Appeals for the Eighth Circuit

Decided October 29, 2012No. 12-1338PublishedCited by 4 opinions

1Opinion of the Court

BENTON, Circuit Judge.

Osbourne Karl Henriques was indicted for drug possession. The district court found him incompetent to stand trial and committed him to the custody of the Attorney General under 18 U.S.C. § 4241(d) to determine whether his competency can be restored. This order was stayed pending appeal. Henriques appeals, arguing the commitment was unconstitutional. Having jurisdiction under the collateral order doctrine, this court affirms. See United States v. Ferro, 321 F.3d 756, 759-60 (8th Cir.2003) (“[Rjeview is allowed in a criminal case ... where a trial court order conclusively…

2Cases cited6 opinions

  1. Jackson v. IndianaSupreme Court of the United States · 1972
  2. United States v. John EckerCourt of Appeals for the Eighth Circuit · 1994
  3. United States of America v. Richard Lawrence AuginashCourt of Appeals for the Eighth Circuit · 2001
  4. United States v. John Larkin TrotterCourt of Appeals for the Eighth Circuit · 2007
  5. United States v. Louie A. Ferro, Sr.Court of Appeals for the Eighth Circuit · 2003

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. United States v. Timothy O'LaughlinCourt of Appeals for the Eighth Circuit · 2019
  2. United States v. Gregory McKownCourt of Appeals for the Fifth Circuit · 2019
  3. United States v. Kevin DalastaCourt of Appeals for the Eighth Circuit · 2017
  4. United States v. Andrew RyanCourt of Appeals for the Eighth Circuit · 2022

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