Harry James Flynn v. United States

Flynn was indicted for transporting in interstate commerce a car which he knew to be stolen. He was tried without a jury and by the Court found guilty as charged on February 25, 1953. The Court ordered reference.to the Probation Officer and a psychiatrist. Based upon the report of the latter the Trial Court found on March 23, 1953, that ■“defendant was mentally incompetent at time of trial and conviction” and unable to understand the proceedings against him or properly to assist in his own defense, and ordered “that judgment heretofore pronounced is vacated and a new trial is granted.” Flynn was committed to the custody of the “Attorney General to receive proper medical care until he is competent.” A motion to vacate the indictment, two motions to dismiss the indictment and a petition for habeas corpus were filed by counsel other than the one who took part in the first proceeding. The motions were denied. The Court ordered an examination by a different doctor and, apparently being satisfied of the present mental condition of defendant, on November 30, 1953, denied the application for a writ of habeas corpus and thereupon the’ case again came for trial before a jury. The Government…