Legal Opinion · Concurring in part, dissenting in part

Melvin W. Greer v. Dr. George J. Beto, Director, Texas Department of Corrections

Court of Appeals for the Fifth Circuit

Decided July 3, 1967No. 24409_1Published

1Concurring in part, dissenting in partGodbold, Circuit Judge

There are three overlapping issues in this case — the adequacy of a pre-trial determination of competence to stand trial, the right to effective representation by counsel at the pre-trial sanity hearing, and the right to such counsel at the trial itself. The majority have dealt effectively with the third issue only.

In view of appellant’s long history of mental and nervous disorders while in the armed services, in Veterans’ Administration hospitals, and in correctional institutions, he was entitled under Pate v. Robinson, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815 (1966) to an adequate…

2Cases cited10 opinions

  1. Pate v. RobinsonSupreme Court of the United States · 1966
  2. United States Ex Rel. Smith v. BaldiSupreme Court of the United States · 1953
  3. Dale Estin Birdsell v. United StatesCourt of Appeals for the Fifth Circuit · 1965
  4. Dallas O. Williams v. United StatesCourt of Appeals for the D.C. Circuit · 1957
  5. Gene A. Krupnick v. United StatesCourt of Appeals for the Eighth Circuit · 1959

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