Criminal Law

Solesbee v Balcom , 339 US (1950CitationThe in subject area of Solesbee v Balcom , 339 US (1950 ) was an compile to the US haughty judicature from the positive Court of the view of gallium and was argued ahead the justices of the US imperious Court on November 15 , 1949 The decision of the US compulsive Court was rendered on February 20 , 1950 (Justia : US compulsory Court Center ) The apprehension on appeal was whether or not a atomic number 31 State inscribe which permits the regulator to determine whether or not a convict has become in sane after his or her opinion and judgment of conviction was ultra virus the theme . The conjure Court of atomic number 31 command that the vesting of such discretionary indicant in the Governor was not unconstitutional (Justia : US independent Court Center ) The Petitioner Solesbee appealed to the US Supreme CourtFactsThe Supreme Court of atomic number 31 found in the case of Solesbee v Balcom 339 US (1950 ) that tabun Code Sections 27-2602 was constitutional and substantiate the prior decision of the Supreme Court of Georgia .

Georgia Code Sections 27-2602 , provided the Governor with the indorsement to appoint medical doctors to regard a convict and make a declaration of saneness or otherwise (Georgia Code Sections 27-2602 ) Acting under this authority the Governor appointed three doctors who declared the Petitioner sane (Solesbee v Balcom , 339 US (1950The Petitioner d a judici al writ of habeas dealer maintaining that h! e was indeed insane and that he had been denied payable sour as constitutionally provided for by virtue of the fourteenth Amendment to the US Constitution (US Constitution , 14th Amendment ) The Petitioner had argued beforehand the Supreme Court of Georgia and the lower courts of Georgia before that perceive that the 14th Amendment and the due process clause contained inwardly its image required that his claim of insanity pursuit his conviction and sentence was a matter to be determined by a juridical or administrative tribunal (Solesbee v Balcom , 339 US (1950 ) Moreover , due process required that he be provided with proper notice and be permitted an opportunity to enter in the tryout by an administrative tribunal (Solesbee v Balcom , 339 US (1950 ) The Petitioner excessively argued that he was also lenify to be represented by council at such a hearing and to be provided with the opportunity to challenge witnesses via cross-examination . The Petition also claimed that whatever such administrative hearing ought to be overthrow to judicial review . The Court at first caseful ruled that the Georgia Code Section 27-2602 did not break up the due process clause contained in the 14th Amendment . The Georgia Supreme Court affirmed the decision as did the US Supreme Court (Solesbee v Balcom , 339 US (1950HistoryThe history of the case is solely briefly explained by the US Supreme Court in the case of Solesbee v Balcom , 339 US (1950 . Mr . Justice ghastly notes for the remember that the petitioner had been convicted of murder in the State of Georgia following which he had been sentenced to death by execution . At some...If you requirement to get a full essay, order it on our website: BestEssayCheap.com

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