Legal Opinion
Phillips v. Lane
Court of Appeals for the Seventh Circuit
Decided March 20, 1986No. Nos. 85-1699, 85-1890PublishedCited by 39 opinions
1Opinion of the Court
POSNER, Circuit Judge.
The district court granted habeas corpus to George Phillips, a state prisoner, and ordered the state to release him unless it retries him; if it does retry him it will first have to conduct a hearing to determine whether he is mentally competent to stand trial. See 580 F.Supp. 839 (N.D.Ill. 1984). The basis of this ruling is that the state judge who presided at Phillips’ fitness hearing (actually a “fitness restoration” hearing) failed to instruct the jury that the state had the burden of proving sanity; he told the jury that it must find fitness or unfitness by a…
2Cases cited33 opinions
- Wainwright v. SykesSupreme Court of the United States · 1977
- United States v. FradySupreme Court of the United States · 1982
- Drope v. MissouriSupreme Court of the United States · 1975
- On Lee v. United StatesSupreme Court of the United States · 1952
- People v. StewartIllinois Supreme Court · 1984
28 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Terry Allen Bouchillon v. James A. Collins, Director Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1990
- Robert Prihoda v. Gary R. McCaughtry Warden, Waupun Correctional InstitutionCourt of Appeals for the Seventh Circuit · 1990
- United States v. Lorenzo Nichols, Howard MasonCourt of Appeals for the Second Circuit · 1995
- Durlyn Eddmonds v. Howard Peters, IIICourt of Appeals for the Seventh Circuit · 1996
- United States v. James CaputoCourt of Appeals for the Seventh Circuit · 1992
34 more not listed; retrieve them via the Exa API.