ANDERSON
v.
KENTUCKY

U.S. | 1964-03-09
No. 33
376 U.S. 940 Supreme Court of the United States (1964) Positive Treatment
Cited by 2 cases

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  • Rees v. Peyton, 384 U.S. 312 (U.S. 1966)
    …enced should upon due notice to the State and all other interested parties make a judicial [*314] determination as to Rees’ mental competence and render a report on the matter to us. While other courses have been suggested, cf. Anderson v. Kentucky, 376 U. S. 940, we think that all things considered the initial step should be the one just indicated. Until that step has been taken, we do not consider ourselves in a position to determine what disposition should be made of Rees’ petition for certiorari. Accord…
  • Harvey and Rebecca Rumbaugh v. Procunier, 753 F.2d 395 (5th Cir. 1985)
    …ard. Because any knowing and intelligent waiver presupposes competency, the competency determination must in any event be made under the appropriate standard. Gilmore does not speak to the substance of this inquiry. . See also Anderson v. Kentucky, 376 U.S. 940, 84 S.Ct. 795, 11 L.Ed.2d 766 (1964) (continuing case indefinitely upon joint stipulation of the parties). That the issue of Rees's competency arose on a motion to withdraw his petition for certiorari does not distinguish that case from ours. The Co…

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