· 1/6/1989
United States v. Thamin Shawar
Citations
- 865 F.2d 856
- 1989 U.S. App. LEXIS 288
- 1989 WL 1054
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “plain meaning” of phrase “shall commit” is “that once a defendant is found incompetent to stand trial, a district court has no discretion in whether or not to commit him”
- concluding that Congress intended mandatory commitment to the Attorney General
- noting that the \likelihood of recovery is not something to be considered by the district court in deciding whether to commit the defendant for the evaluation period\
- noting that the “likelihood of recovery is not something to be considered by the district court in deciding whether to commit the defendant for the evaluation period”
- “[O]nce a defendant is found incompetent to stand trial, a district judge has no discretion in whether or not to commit him.”
- “[T]he statutory scheme established by Congress clearly mandates that a defendant found to be incompetent be placed in a mental hospital for observation.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Coffey, Easterbrook, Kanne
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.