UNITED STATES v. BYERS

No. 78-1451.

740 F.2d 1104 (1984)

UNITED STATES of America v. Billy G. BYERS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 1984.


Attorney(s) appearing for the Case

A. Franklin Burgess, Jr., Washington, D.C. (appointed by this Court) with whom James Klein and James McComas, Washington, D.C., were on the brief, for appellant.

John R. Fisher, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Washington, D.C. (at the time the brief was filed), Michael W. Farrell and Roger M. Adelman, Asst. U.S. Atty., Washington, D.C., were on the brief, for appellee.

Joel I. Klein, Joseph Onek and Peter E. Scheer, Washington, D.C., were on brief for amicus curiae, American Psychiatric Ass'n urging affirmance. H. Bartow Farr, III, Washington, D.C., also entered an appearance for American Psychiatric Ass'n.

Donald N. Bersoff, Washington, D.C., was on the brief for amicus curiae, American Psychological Ass'n urging remand on fifth and sixth amendment grounds.

Before ROBINSON, Chief Judge, WRIGHT, TAMM, WILKEY, WALD, MIKVA, EDWARDS, GINSBURG, BORK and SCALIA, Circuit Judges, and BAZELON and MacKINNON, Senior Circuit Judges.


Opinion filed by Circuit Judge SCALIA, in which Circuit Judges TAMM, WILKEY, GINSBURG, BORK and Senior Circuit Judge MacKINNON join.

Concurring opinion filed by Chief Judge SPOTTSWOOD W. ROBINSON, III, in which Circuit Judge J. SKELLY WRIGHT joins.

Dissenting opinion filed by Senior Circuit Judge BAZELON, in which Circuit Judges WALD and MIKVA join; and in which Circuit Judge HARRY T. EDWARDS joins with exceptions...

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