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Wayne McCollum v. James E. Bush

Wayne McCOLLUM, Appellant, v. James E. BUSH, Appellee

McCollum v. Bush, 344 F.2d 672 (5th Cir. 1965)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
May 6, 1965
Docket
No. 21819
Judges
Tuttle, Rives, Bell
Citations
344 F.2d 6721965 U.S. App. LEXIS 5668

Opinion — Per Curiam

PER CURIAM:

Upon careful consideration, we find ourselves in agreement with nearly all of the thorough and able opinion of the district judge. While we think that the opinion of a general medical practitioner as to sanity is admissible, it seems clear to us, under the facts and circumstances of this case, that in adjudicating Bush guilty and sentencing him to life imprisonment without any psychiatric testimony, 1

the state denied Bush both a fair trial and the effective assistance of counsel. The judgment is therefore Affirmed.

1

. The only psychiatric testimony given on behalf of the appellee was that of a clinical psychologist who was required to examine Bush during a 40 minute lunch recess during the trial. It is relevant to note that when the appellee was subjected to a real psychiatric examination following remand by the United States Supreme Court, Bush v. State of Texas, 372 U.S. 586 , 83 S.Ct. 922 , 9 L.Ed.2d 958 , he was kept at the state mental hospital for treatment and observation for 89 days — thus dramatically highlighting the inadequacy of the 40 minute lunch hour period granted to the appellee’s psychologist at the trial.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 41 cases

View all citing references →
1966: 11967: 21968: 31969: 21970: 31971: 21972: 21973: 11974: 11975: 31976: 11977: 11978: 11979: 31981: 21982: 21983: 31984: 41985: 21986: 11993: 119662026peak 1984 · 4

Relies on it most ⓘ

  1. Blake v. Zant513 F. Supp. 772 (S.D. Ga. 1981)
  2. Joe Pedrero v. Louie L. Wainwright, Secretary, Dept. Of Offender Rehabilitation, State of Florida590 F.2d 1383 (5th Cir. 1979)
  3. Melvin W. Greer v. Dr. George J. Beto, Director, Texas Department of Corrections379 F.2d 923 (5th Cir. 1967)
  4. Hogan v. State496 S.W.2d 594 (Tex. Crim. App. 1973)
  5. Roland Tyler v. Dr. George J. Beto, Director, Texas Department of Corrections391 F.2d 993 (5th Cir. 1968)
  6. United States v. Isaac J. Taylor437 F.2d 371 (4th Cir. 1971)

Most recent

  1. De Freece v. State848 S.W.2d 150 (Tex. Crim. App. 1993)
  2. Magwood v. Smith791 F.2d 1438 (11th Cir. 1986)
  3. State v. Campbell498 A.2d 330 (N.H. 1985)
  4. Joseph James Blake v. Ralph Kemp, Warden, Georgia Diagnostic Center758 F.2d 523 (11th Cir. 1985)
  5. State v. Jenkins473 N.E.2d 264 (Ohio 1984)
  6. Lester Matlock v. James Rose, Warden731 F.2d 1236 (6th Cir. 1984)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Bush v. Texas, 372 U.S. 586 (1963) 42

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