Larsen v. Illinois

Background

A defendant, Raymond Scott Larsen, asked the Supreme Court to review an Illinois decision about pretrial psychiatric examinations. The petition sought a ruling on whether a court-ordered mental evaluation before trial is a stage of prosecution that requires the defendant’s lawyer to be present under the Sixth Amendment. The Supreme Court denied the petition, leaving the Illinois ruling in place.

Reasoning

There is no majority opinion in this decision because the Court refused to hear the case. Justice White, joined by Justice Brennan, wrote a dissent explaining the legal issue: some courts have treated pretrial psychiatric exams like post-indictment lineups (a stage where counsel must be present), while many other federal and state courts have rejected that extension. Justice White argued that the split among high courts warranted the Supreme Court’s review so the issue could be resolved nationally.

Real world impact

Because the Court declined review, the question remains unresolved at the national level. People ordered to undergo pretrial psychiatric evaluations may or may not have the right to have their lawyer present, depending on the state or federal appeals court handling the case. This decision is not a final answer on the constitutional question and could be revisited if the Court takes another case presenting the same issue.

Dissents or concurrances

Justice White’s dissent stresses the conflict among courts and says the Court should have granted review to decide whether pretrial psychiatric exams are a critical stage requiring counsel.