while not addressing a due process challenge to the placement of burden, the court held that “Spencer wholly failed to establish any substantial or bona fide doubt that he was competent to stand trial.”
How later courts described this case
- while not addressing a due process challenge to the placement of burden, the court held that “Spencer wholly failed to establish any substantial or bona fide doubt that he was competent to stand trial.”
- noting that as late as May 1982 these studies were available only through oral testimony
- Underrepresentation of blacks and women on jury lists “appears” to satisfy actual prejudice requirement, where petitioner has alleged blacks and women are less likely to convict a defendant and recommend the death penalty
- discussing when a state law ground is independent and adequate under Wainwright
Written by the judges who cited it.
The opinion
LYNNE, District Judge,
specially concurring.
I concur in the judgment of the Court remanding appellant’s challenge to the death penalty statute for further consideration by the district court and in all but part III of the opinion.