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664 F.2d 193

Docket No. 81-1348.

Williams v. Wyrick

Eighth Circuit Court of Appeals

Submitted Nov. 18, 1981.

Decided Nov. 20, 1981.

Certiorari Denied March 1, 1982.

Eighth Circuit Court of Appeals · decided 1981-11-20

Cited by 2 later decisions — most recently May 2005

1 federal appellate · 1 district ·

2 counsel of record

Key passage — most relied on by later courts

“not deny an indigent [person] an adeguate or meaningful opportunity to present his [or her] incompetency, but instead safeguard the indigent's right that he [or she] will not be tried while incompetent,”

quoted by 1 later decision, including Fox v. NHSP Warden

“does not authorize a second examination at state expense. Instead [the statute] provides that a second examination is to be made by a physician, chosen and paid by the party making the request.”

quoted by 1 later decision, including Fox v. NHSP Warden

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Applies MO 552 § 552.020

Relies on Douglas v. People of State of California · Pate v. Robinson · Drope v. Missouri

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1981-11-20

View the full empirical analysis of this case →

¶1See 102 S.Ct. 1619.

¶2*194James M. Asher, Clayton, Mo., for appellant.

¶3John Ashcroft, Atty. Gen., Lew A. Kollias, Asst. Atty. Gen., Jefferson City, Mo., for appellee.

¶4Before HEANEY, HENLEY and McMIL-LIAN, Circuit Judges.

¶5PER CURIAM.

¶6John O. Williams appeals the denial by the district court1 of his petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254. Appellant asserts that he was denied equal protection, due process, and assistance of counsel by the state trial court’s denial of his request for a second psychiatric examination at state expense to determine competency to stand trial. We affirm.

¶7Under Mo.Rev.Stat. § 552.020 (1969) an indigent is entitled to an initial psychiatric examination to determine competency to stand trial, but that statute does not authorize a second examination at state expense. Instead § 552.020(4) provides that a second examination is to be made by a physician, chosen and paid by the party making the request. State v. Williams, 603 S.W.2d 562, 565 (Mo.1980). The fourteenth amendment does not require absolute equality or precisely equal advantages, as long as the differences do not amount to a denial of due process or an invidious discrimination.

¶8See Ross v. Moffit, 417 U.S. 600, 94 S.Ct. 2437, 41 L.Ed.2d 341 (1974); Douglas v. California, 372 U.S. 353, 356, 83 S.Ct. 814, 816, 9 L.Ed.2d 811 (1963). Here, the Missouri statutory scheme safeguards a criminal defendant’s constitutional right not to stand trial while incompetent, Drope v. Robinson, 420 U.S. 162, 95 S.Ct. 896, 43 L.Ed.2d 103 (1975); Pate v. Robinson, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815 (1966), and provides for an adequate opportunity for the indigent to present his claims fairly. We agree with the district court and the Supreme Court of Missouri that § 552.020(4) does not deny an indigent due process or equal protection of the law. See State v. Williams, supra; State v. Terry, 472 S.W.2d 426 (Mo.1971) (banc).

¶9Appellant argues that § 552.020(4) denies him his sixth amendment right to have assistance of counsel. This argument is merely a restatement of his fourteenth amendment argument that the Missouri statute deprives an indigent of an adequate and meaningful opportunity to present his claims. The two physicians appointed to examine appellant were not witnesses for the prosecution, but impartial third parties appointed by the court. The state trial court held that there was no evidence or testimony offered or adduced to show that the two physicians were incompetent, biased, or prejudiced, or that their procedures were invalid or improper. Further, § 552.-020(4) provides that a hearing may be requested to contest the findings and to cross-examine the two physicians.2 These procedures do not deny an indigent an adequate or meaningful opportunity to present his incompetency claim, but instead safeguard the indigent’s right that he will not be tried while incompetent. See Olsen v. Wainwright, 565 F.2d 906 (5th Cir. 1978).

¶10The judgment of the district court is affirmed.3

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