Legal Opinion

United States v. James Robinson

Court of Appeals for the Fifth Circuit

Decided May 21, 1976No. 75--3905PublishedCited by 9 opinions

1Per curiam

Appellant Robinson was convicted by a jury of possession of heroin with intent" to distribute, 21 U.S.C. § 841(a)(1). In this appeal, he argues that the trial court erred in proceeding with the trial after becoming aware that the defendant had taken heroin within two days prior to trial and as a result was under the influence of narcotics to such an extent that he continually fell asleep during the trial.

The general test endorsed by the Supreme Court for determining competency to stand trial is

whether [the defendant] has sufficient present ability to consult with his lawyer with a reasonable…

2Cases cited4 opinions

  1. Dusky v. United StatesSupreme Court of the United States · 1960
  2. United States v. Freddie WilliamsCourt of Appeals for the Fifth Circuit · 1972
  3. Charles Lester Jackson v. United StatesCourt of Appeals for the Fifth Circuit · 1975
  4. Henry Reed v. United StatesCourt of Appeals for the Fifth Circuit · 1976

3Cited by9 opinions

  1. Robert L. Streetman v. James A. Lynaugh, Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1988
  2. State v. LasiterMissouri Court of Appeals · 1978
  3. Eathorne v. StateCourt of Criminal Appeals of Alabama · 1984
  4. United States v. Terrance Huell LindseyCourt of Appeals for the Eleventh Circuit · 2009
  5. Bender v. StateCourt of Criminal Appeals of Alabama · 1984

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