Monte Durham Case Summary

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Facts of the Case: Monte Durham has an extensive history of imprisonment due to breaking the law and hospitalization due to mental illness after every conviction. In every case, he was deemed of having an unsound mind. After 15 months of treatment, in one particular case, Durham was discharged from the mental hospital and returned to jail to serve the remainder of his sentence. After his release, Durham received a warrant for parole violation and fled the area. He was arrested again for bad checks. He was sent back to the District. Once again, the parole board sent him to a lunacy inquisition hearing where he was readmitted to the hospital. This time the diagnosis was "without mental disorder, psychopathic personality." And he was discharged for the third time. …show more content…

The house-breaking which is the subject of the present appeal, took place two months later. Durham was sent to a lunacy inquisition hearing for the fourth time. He was adjudged of unsound mind in proceedings under § 4244 of Title 18 U.S.C., upon the affidavits of two psychiatrists that he suffered from "psychosis with psychopathic personality." Again, he was committed to St. Elizabeth’s and given subshock insulin therapy. This particular commitment lasted 16 months. He was released to the custody of the District Jail on the certificate of Dr. Silk, Acting Superintendent of St. Elizabeth’s, that he was "mentally competent to stand trial and he is able to consult with counsel to properly assist in his own defense. He was convicted and his attorney appealed because they believed Durham was insane at the time of the

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