[Download] "Mcdonald v. Leech" by United States Court Of Appeals For The Sixth Circuit ~ Book PDF Kindle ePub Free

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eBook details

• Title: Mcdonald v. Leech
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 27, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

Order BEFORE: ENGEL and KENNEDY, CIRCUIT JUDGES, and PECK, SENIOR CIRCUIT JUDGE. Petitioner McDonald appeals the denial of his habeas petition. Petitioner was convicted of second degree murder in the state courts of Tennessee and sentenced to life imprisonment. He challenges the conviction on the ground that he was denied effective assistance of counsel, in that his counsel did not seek a continuance of the trial so that petitioner could have a psychiatric examination and did not examine certain of petitioner's psychiatric records. The evidence showed that petitioner committed the killing while drunk; that he had a severe drinking problem and was prone to violence when drunk; and that counsel wanted to have him examined by a psychiatrist before trial, but that petitioner waived a psychiatric exam in the interest of not delaying trial and because earlier exams had shown he was mentally competent. Petitioner also claims that the state trial court should have held a hearing on his competency to stand trial.

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