PHELAN

v.

PENNSYLVANIA

Citator

Cited By

• Powell v. Texas, 392 U.S. 514 (U.S. 1968)
  …Right to Treatment, 53 Va. L. Rev. 1134 (1967). See generally Note, The Cruel and Unusual Punishment Clause and the Substantive Criminal Law, 79 Harv. L. Rev. 635 (1966). Cf. Commonwealth v. Phelan, 427 Pa. 265, 234 A. 2d 540 (1967), cert. denied, 391 U. S. 920 (1968). The Court did hold in Lambert v. California, 355 U. S. 225 (1957), that a person could not be punished for a “crime” of omission, if that person did not. know, and the State had taken no reasonable steps to inform him, of his duty to act an…
• United States v. Leach, 427 F.2d 1107 (1st Cir. 1970)
  …prejudiced by its failure to do so. United States v. Cudia, 346 F. 2d 227, 228 (7th Cir.), cert. denied, 382 U.S. 955, 86 S.Ct. 428, 15 L.Ed.2d 359 (1965). Indeed, our language in Nesson v. United States, 388 F. 2d 603, 604 (1st Cir.), cert. denied, 391 U.S. 920, 88 S.Ct. 1807, 20 L.Ed.2d 657 (1968), seems particularly appropriate here: “While it would have been better for the government to have disclosed certain record information which might have aided the defendant in his defense, it seems reasonably ap…
• United States ex rel. Ronald James Dessus v. Commonwealth of Pa., 452 F.2d 557 (3d Cir. 1971)
  …s to employ a psychologist did not deny appellant due process or equal protection of the laws. Whether to allocate such funds is a decision within the trial judge’s discretion, Commonwealth v. Phelan, 427 Pa. 265, 234 A. 2d 540 (1967), cert. denied, 391 U.S. 920, 88 S.Ct. 1803, 20 L.Ed.2d 657 (1968).12 We find no abuse of that discretion. Moreover, even if we were to find error in the trial judge’s refusal to allocate these funds, in light of Dr. Nelson’s testimony that additional psychological testing woul…