United States v. Louis Joseph Marion Marvin Ives

Before DUNIWAY and WALLACE, Circuit Judges, and WOLLENBERG, District Judge.

Ives was convicted of murder on an Indian Reservation, in violation of 18 U.S.C. §§ 1111 and 1153. He appeals, claiming (1) that his constitutional and statutory rights were infringed when the district judge refused to allow him to testify, (2) that he was incompetent to stand trial and the judge erred in refusing to hear psychiatric evidence on the issue, (3) that the court lacked jurisdiction and (4) that various errors were committed pertaining to psychiatric testimony, jury instructions and jury separation. We affirm.

I

This case illustrates the recent problem of the obstreperous defendant in our criminal courts. Ives’ first ill-fated trial ended in a mistrial because of his continuous disruption. The second trial judge was not oblivious to Ives’ track record, having read the transcript of the first trial and personally discussed Ives’ disruptions with the judge who presided at the first trial. Forewarned, and in accordance with the constitutionally permissible methods of dealing with a contumacious defendant as enunciated in Illinois v. Allen, 397 U.S. 337 , 90 S.Ct. 1057 , 25 L.Ed.2d 353…