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United States v. Tucker

United States District Court, D. Nevada

December 18, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
TERENCE DEMARIUS TUCKER, Defendant.

          STEVEN W. MYHRE Acting United States Attorney, DANIEL J. COWHIG Assistant United States Attorney Representing the United States of America

          JOINT STIPULATION FOR DETERMINATION OF MENTAL COMPETENCY TO STAND TRIAL

          RICHARD F. BOULWARE, II United States District Judge

         CERTIFICATION: This stipulation is timely filed under Title 18, United States Code Section 4241(a)[1] and the Court's December 8, 2017 Order reflected in the Minutes of Proceedings at ECF 31.

         STIPULATION

         The United States, by and through the Acting United States Attorney Steven W. Myhre and Assistant United States Attorney Daniel J. Cowhig, and the defendant TERENCE DEMARIUS TUCKER, by and through his counsel Assistant Federal Public Defender Raquel Lazo, jointly stipulate and move under Title 18, United States Code Section 4241(a) for a hearing to determine the mental competency of the defendant. The offense conduct alleged, the one hundred percent (100%) disability rating awarded to the defendant by the Department of Veterans' Affairs based upon specified mental health conditions, and the Department of Veterans' Affairs administrative determination that the defendant is not competent to manage his own financial affairs give the attorney for the United States and the counsel for defendant TUCKER “reasonable cause to believe that the defendant may presently be 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).

         The parties hereby stipulate and agree that the Court should designate Dr. Lisa Foerster, Psy. D., of Clark County, Nevada, to perform the evaluation ordered. While Dr. Foerster has not previously performed competency evaluations in Federal criminal matters, she has performed numerous evaluations for State courts in both criminal and civil matters. Dr. Foerster's Curriculm Vitae is enclosed at Attachment A. The parties stipulate to Dr. Foerster's qualification as an expert witness before the Court for the purposes of this competency evaluation under Federal Rule of Evidence 702 and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999).

         The parties note that the necessary government contracting arrangements to retain Dr. Foerster will result in a delay of two to four weeks before she will be able to perform the ordered evaluation.

         POINTS AND AUTHORITIES

         Under Title 18, United States Code Section 4241(a), the Court shall grant a motion for a hearing to determine the mental competency of the defendant if there is “reasonable cause to believe that the defendant may presently be 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.” Id.

         Under Title 18, United States Code Section 4241(b), “[p]rior to the date of the hearing, the Court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the Court, pursuant to the provisions of section 4247(b) and (c).”

         RELIEF REQUESTED

         The parties jointly ask this Honorable Court to order a hearing under Title 18, United States Code, Section 4241(a) to determine the mental competency of the defendant. Prior to that hearing, the parties ask this Honorable Court to order a psychiatric or psychological examination of the defendant to determine whether the defendant may presently be 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. The parties request that the Honorable Court designate Dr. Lisa Foerster, Psy. D., of Clark County, Nevada, to perform the evaluation ordered.

         As a result of this stipulation, the parties ask that this Honorable Court grant in part the Government's submitted Motion for Determination of Mental Competency to Stand Trial at ECF 30 as reflected in this stipulation. The parties further request that this Honorable Court vacate the hearing regarding the Government's motion at ECF 30 set for Friday, December 22, 2017, the order that government counsel have a representative from the Bureau of Prisons appear telephonically at that hearing, and the order that the defendant's response to the Government motion due Monday, December 18, 2017, all set forth in the Minutes of Proceedings at ECF 31.

         PROPOSED ...


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