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Landmark Cases

Case Name: Glen Burton AKE v. OKLAHOMA

Date, Location, Cite: 1985 APPROVE
105 S.Ct... 1087 [BALDI-344 US 561]

Charged with Murder 1, 2 counts; Judge said INCOMPETENT TO STAND TRIAL-6 weeks later, Treated, returned Competent to Stand Trial/on chlorpromazine (Thorazine) no Mental State at time of offense exam was done-NGRI (Not Guilty by Reason of Insanity) plea entered, so Mental State at time of offense was only issue, State's Psychiatrists had no opinion since they did not examine. no testimony On either Side on Mental State at time of offense. Convicted, sentenced to death +1000 yrs. Appeals Court refused to hear. Supreme Court said Due Process requires the State to provide a Psychiatrist. cited. GIDEON v. WAINWRIGHT(right to assistance of counsel)-US v. BALDI (1953) says right to independent Expert, but not to Expert of Defendant's choice. More than 40 states have statutes permitting this already.
cf Louisiana v. Perry