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United States v. Hurst

November 2, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DAVID ALLEN HURST, DEFENDANT.



The opinion of the court was delivered by: H. Bruce Guyton United States Magistrate Judge

(JORDAN/GUYTON)

ORDER OF COMMITMENT FOR MENTAL EXAMINATION AND EVALUATION

All pretrial motions in this case have been referred to the undersigned pursuant to 28 U.S.C. § 636(b) for disposition or report and recommendation regarding disposition by the District Court as may be appropriate. On November 1, 2006, the parties appeared before the Court for a scheduled motion hearing on Defendant Hurst's Motion to Determine Competency [Doc. 21], filed October 13, 2006, and the government's Motion For Psychiatric Or Psychological Evaluation [Doc. 24], filed October 23, 2006. Assistant United States Attorney Tracy Stone appeared on behalf of the government. Attorney Bruce Poston appeared on behalf of the defendant, who was also present.

In Defendant's motion [Doc. 21], Attorney Poston moves, pursuant to 18 U.S.C. § 4241 (a), for an order for psychiatric and psychological evaluation on the basis that there is reasonable cause to believe Defendant Hurst may presently be suffering from a mental disease or defect that renders him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense.

The government, likewise, moves [Doc. 24] the Court for entry of an order directing that a psychiatric or psychological examination of the Defendant be conducted, and that the resulting report be filed with the Court in accordance with 18 U.S.C. § 4247(b) and (c).

After carefully considering Defendant's Motion to Determine Competency [Doc. 21] and the government's Motion For Psychiatric Or Psychological Evaluation [Doc. 24], as well as the representations made by defense counsel at the November 1 hearing, the Court finds there is reasonable cause to believe that the defendant is "suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense." 18 U.S.C. § 4241(a). Accordingly, the Court finds that the defendant should undergo a full evaluation under 18 U.S.C. § 4241 (a) and (b). Thus, the motions [Docs. 21 and 24] are GRANTED.

A status conference and/or competency hearing is set for December 13, 2006 at 9:00 a.m. The Court notes that a sentencing hearing in this matter is currently scheduled for January 25, 2007. If it appears that the sentencing hearing will need to be reset, the Court will address that at the December 13, 2006, status conference/competency hearing.

It is therefore ORDERED:

1. That defendant is hereby committed to the custody of the Attorney General of the United States or his designated representative for the purposes indicated herein and the United States Marshal is hereby directed to transport the defendant to the nearest suitable psychiatric facility (hospital) for purposes of psychiatric evaluation, pursuant to 18 U.S.C. §§ 4241 and 4242. Said commitment shall be for a reasonable period not to exceed forty-five (45) days (to commence when defendant arrives at the facility), unless otherwise ordered.

2. That the receiving facility and doctor in whose primary care the defendant is placed shall file a written report with this Court pursuant to 18 U.S.C. § 4247(c) as soon as practical with copies to counsel for the government and the defendant, said report to include:

a. the defendant's history and present symptoms;

b. a description of the psychiatric, psychological, and medical tests that were employed and their results;

c. the examiner's findings; and

d. the examiner's opinions as to diagnosis, ...


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