United States v. Walker’s Empirical Analysis
301 F.2d 211 · 1962
Citation profile
26 federal appellate · 7 state decisions
How this case has been cited
Cited by 34 later decisions — most recently April 2019 · most notably United States v. Taylor (1971), 255 So. 2d 513 - Fowler v. State (1971)
26 federal appellate · 7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 4244 · 28 U.S.C. § 2106 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on V. P. Serodino, Inc. v. United States · Bishop v. United States · Gunther v. United States · Sanders v. Allen · Krupnick v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The court therefore must cause such an examination to be made in every case, where a motion is filed that cannot be declared to be without good faith or to be frivolous, and where the ground set forth thus can constitute reasonable cause to believe that the accused ‘may be presently insane or otherwise so mentally incompetent as to be unable to understand the proceedings against him or properly to assist in his own defense.’ ” (Emphasis in original.)”
2 later decisions quote this exact passage · from the majority“"In our opinion, the failure of the District Judge to order a pre-trial psychiatric examination of Walker does not, by itself, require a vacation of his sentence. His conviction and sentence were void only if he was, in fact, mentally incompetent to stand trial. Whether he was, or was not, can now be determined. In Krupnick v. United State, supra, and Gunther v. United States, supra, the Courts of Appeals, under somewhat similar circumstances, adopted the procedure of remanding the cause for a present psychiatric inquiry without vacating the sentence. We believe, under the authority of those cases, and under Title 28 U.S.C.A. § 2106 , such an order or remand is within our power as an appellate court. "We, accordingly, remand this case to the District Judge with the direction that he order a psychiatric examination of Walker and determine whether at the time of trial he was mentally competent to stand trial. If the District Judge then determines that Walker was not mentally competent to stand trial, his conviction and sentence should be vacated and a new trial ordered; otherwise, such sentence shall stand and Walker's motion under Section 2255 shall be denied."”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.