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Cited "see"
Rowe v. State
See, for example, Overholser v. Lynch, 288 F.2d 388 (D.C. 1961), where it was said that "a defendant who is subjected to trial while mentally incompetent to understand the charges against him and unable to assist in his own defense has not really been tried at all, certainly not in the sense of a `fair' trial, which is the basic element of the due process guaranteed by the Constitution." In Flynn v. United States, 217 F.2d 29 (9th Cir.1954), cert. den. 348 U.S. 930 (1955), reh. den. 222 F.2d 541 (1955), it was said (at p. 30) that "if a defendant is not able to understand the proceedings again…
Retrieving the full opinion text from the archive…
Berman
v.
Ragen, Warden
v.
Ragen, Warden
No. 337.
Supreme Court of the United States.
Jan 31, 1955.
348 U.S. 930
Published
Criminal Court of Cook County, Illinois. Certiorari denied.