[Download] "State Nebraska v. William Edward Cortez" by Supreme Court of Nebraska * eBook PDF Kindle ePub Free
eBook details
- Title: State Nebraska v. William Edward Cortez
- Author : Supreme Court of Nebraska
- Release Date : January 16, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
This is a post conviction proceeding. The defendant was charged and jury convicted of burglary and sentenced on November 6, 1970, to a term of 7 to 8 years in the Nebraska Penal and Correctional Complex. After a full evidentiary hearing, the District Court denied the defendant post conviction relief on the asserted grounds of mental incompetency to stand trial and denial of effective assistance of counsel by failure to raise the issue of incompetency to stand trial and to complete medical testing. We affirm the judgment of the District Court denying post conviction relief. At the jury trial, the defendant attempted to prove temporary insanity during the commission of the burglary. The defendant was caught in the act of committing the crime, and this was the only possible defense available. Before trial and arraignment, defense counsel had a psychiatrist visit with the defendant for 1 hour on July 23, 1970. The defendant told the psychiatrist that he had been subject to blackouts since 1953; that these blackouts often occurred after he had been drinking; and that he had been drinking the night of the burglary and could not remember anything prior to or after the burglary until the next day. The psychiatrist gave his opinion to defense counsel that the defendant had some type of convulsive disorder that made him an epileptic equivalent. The psychiatrist suggested tests be given to the defendant. Four days later, on July 27, 1970, defense counsel made a motion to postpone arraignment to allow for tests to be taken at the county hospital. The motion was granted. These tests were never taken.
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