Wilson v. United States

In Wilson v. United States, 129 U.S. App. D.C. 107, 391 F.2d 460 (D.C. Cir. 1968) the Court held that a defendant's amnesia bars prosecution only if the loss of memory so compromises his ability to present a defense as to deprive him of a fair trial and effective assistance of counsel. Id. at 462-63. The factors to consider are: (1) the extent to which the amnesia affected the defendant's ability to consult with and assist his lawyer; (2) the extent to which the amnesia affected the defendant's ability to testify in his own behalf; (3) the extent to which the facts of the crime could be reconstructed by extrinsic evidence; (4) the extent to which the government assisted the defense in that reconstruction; (5) the strength of the government's case; (6) any other facts or circumstances indicating whether or not the defendant received a fair trial. Id. at 463-64. In Wilson, the defendant was severely injured in an automobile accident while fleeing from the police. 391 F.2d at 461-62. He suffered brain damage, remained unconscious for three weeks, and at the time of his trial had no memory of the afternoon in question. Id. The fact of his amnesia was undisputed, and he had previously been determined to be incompetent to stand trial. Id. The appeals court remanded the cause to the trial court for a determination as to whether the defendant's amnesia had deprived him of a fair trial. Id. at 464.