Criminal Law

Solesbee v Balcom , 339 US (1950CitationThe case of Solesbee v Balcom , 339 US (1950 ) was an collecting to the US haughty Court from the positive Court of the suppose of gallium and was argued before 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 distrust on appeal was whether or not a Georgia State inscribe which permits the regulator to determine whether or not a convict has become insane after his or her conviction and judgment of conviction was ultra virus the constitution . The conjure Court of Georgia command that the vesting of such discretionary indicant in the Governor was not unconstitutional (Justia : US Supreme Court Center ) The Petitioner Solesbee appealed to the US Supreme CourtFactsThe Supreme Court of Georgia found in the case of Solesbee v Balcom 339 US (1950 ) that Georgia Code Sections 27-2602 was constitutional and affirmed the prior decision of the Supreme Court of Georgia .

Georgia Code Sections 27-2602 , provided the Governor with the authority to appoint medical doctors to examine a convict and make a declaration of sanity 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 writ of habeas dealer maintaining that he was indeed insane and that he had been denied collectable sour as constitutionally provided for by virtue of the Fourteenth Amendment to the US Constitution (US Constitution , 14th Amendment ) The Petitioner had argued before the Supreme Court of Georgia and the lower courts of Georgia before that perceive that the 14th Amendment and the due process clause contained within 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 participate in the tryout by an administrative tribunal (Solesbee v Balcom , 339 US (1950 ) The Petitioner also argued that he was also entitle 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 subject to judicial review . The Court at first instance ruled that the Georgia Code Section 27-2602 did not offend 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 Black 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: Orderessay

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