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Constitutional Law - Due Process - Notice Required To Validate Tax Foreclosure Of Property Of Known Mental Incompetent, Frank M. Lacey S.Ed.
Constitutional Law - Due Process - Notice Required To Validate Tax Foreclosure Of Property Of Known Mental Incompetent, Frank M. Lacey S.Ed.
Michigan Law Review
On May 8, 1952, the town of Somers instituted an action to foreclose a number of tax liens. One of these was upon the property owned by a person known in the community to be a mental incompetent, but who had not yet been so certified by a court. Notice was given to the incompetent taxpayer in compliance with the statute by mail, posting, and publication. When she failed to answer within the prescribed period, foreclosure was entered and a deed to her property delivered to the town. Five days later she was declared a person of unsound mind, and …
Constitutional Law - Criminal Law - Power Of Federal Government To Commit Mentally Incompetent Persons Charged With Federal Crimes, William C. Becker S.Ed.
Constitutional Law - Criminal Law - Power Of Federal Government To Commit Mentally Incompetent Persons Charged With Federal Crimes, William C. Becker S.Ed.
Michigan Law Review
Petitioner was indicted for robbery from a United States Post Office. After a series of hearings and examinations, the district court found petitioner so mentally incompetent that he could not stand trial, and that, if released, he would probably endanger the safety of the officers, property, or other interests of the United States. The district court ordered petitioner committed to the custody of the Attorney General for confinement in a mental institution. This order was affirmed by the Court of Appeals for the Eighth Circuit, one judge dissenting. On certiorari to the Supreme Court of the United States, held, …
Evidence - Physician - Patient Privilege - Applicability To Communication Between State Mental Hospital Psychiatrist And Criminal Internee, Norman A. Zilber S.Ed.
Evidence - Physician - Patient Privilege - Applicability To Communication Between State Mental Hospital Psychiatrist And Criminal Internee, Norman A. Zilber S.Ed.
Michigan Law Review
Defendant was committed to a public mental hospital before standing trial on an indictment for robbery. One year later he was brought to trial after being discharged from the hospital as mentally competent. His only defense was insanity. The psychiatrist who had been appointed by the court to examine the defendant testified in support of this defense. The prosecution, in turn, introduced the testimony of the hospital psychiatrist who had attended the defendant during his internment. This psychiatrist was instructed by the trial court that communications between him and the defendant were not privileged. Accordingly, he testified that the defendant …