U.S. Court of Appeals for the D.C. Circuit, 1956

Paul H. Parker v. United States

U.S. Court of Appeals for the D.C. Circuit · Decided June 7, 1956 · Edgerton, Bastian, Burger

235 F.2d 21; 98 U.S. App. D.C. 262; 1956 U.S. App. LEXIS 3809 (Federal Reporter, Second Series)

Counsel

Mr. Joseph M. Del Nero, Washington, D. C. (appointed by the District Court) for appellant., Mr. Fred L. McIntyre, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll, Harold H. Titus, Jr., and E. Tillman Stirling, Asst. U. S. Attys., were on the brief, for ap-pellee.

Cases that cite this one

4 later published cases cite this decision.

John W. Jackson, Jr. v. United States (D.C. Cir. 1964)
Herbert S. Carey v. United States (D.C. Cir. 1961)
Independent Petrochemical Corp. v. Aetna Casualty & Surety Co. (District Court, District of Columbia 1987)
State v. Humanik (N.J. Super. Ct. App. Div. 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

This appeal is from a conviction for a robbery committed May 9, 1955. The *22 trial commenced November 21,1955. Insanity was asserted as a defense.

Dr. Epstein of St. Elizabeths Hospital, who had examined and treated the defendant both before and after the crime, .testified regarding his mental condition. The District of Columbia Code, 1951, § 14-308, 29 Stat. 138, forbids physicians to disclose confidential information acquired in attending a patient in a professional capacity. But an amendment, effective August 9, 1955, makes this prohibition inapplicable in criminal trials when the accused raises the defense of insanity. 69 Stat. 612. We think the District Court was right in applying this amendment. Cf. Hopt v. Utah, 110 U.S. 574, 587-590, 4 S.Ct. 202, 28 L.Ed. 262. We find no error affecting substantial rights.

Affirmed.

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