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Durham v. United States, 401 U.S. 481 (1971), was a United States Supreme Court case in which the Court held that the death of a defendant pending a petition for certiorari before the Supreme Court on direct review of the criminal conviction will cause the Court to vacate the conviction.
Durham v. United States, 214 F.2d 862 (D.C. Cir. 1954), [1] is a criminal case articulating what became known as the Durham rule for juries to find a defendant is not guilty by reason of insanity: "an accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect."
United States (which adopted a new criminal insanity test) set off a long clash between the two judges, because Burger strongly opposed the new test. [19] Under Bazelon's Durham rule, a defendant would be excused from criminal responsibility if a jury found that the unlawful act was "the product of mental disease or mental defect," rather than ...
Abatement ab initio was the subject of two United States Supreme Court decisions, Durham v. United States (1971) and Dove v. United States (1976). The former extended the doctrine to cases where certiorari was pending and not yet granted, and the latter excluded discretionary appeals. [1]
The settlements mark an end to a decades-long case that goes back to Darryl Howard’s 1995 double murder and arson conviction. Howard spent nearly 24 years of his 80-year sentence behind bars ...
Case name Citation Date decided United States v. Kordel: 397 U.S. 1: 1970: United States v. Reynolds (1970) 397 U.S. 14: 1970: Czosek v. O'Mara: 397 U.S. 25
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A Durham rule, product test, or product defect rule is a rule in a criminal case by which a jury may determine a defendant is not guilty by reason of insanity because a criminal act was the product of a mental disease. Examples in which such rules were articulated in common law include State v. Pike (1870) and Durham v. United States (1954).