United States v. Moore, : CR-12-6023-RMP

• Decision Date: 31 August 2012
• Docket Number: NO: CR-12-6023-RMP,: CR-12-6023-RMP
• Parties: UNITED STATES OF AMERICA, Plaintiff, v. TY ALLEN MOORE, Defendant.
• Court: U.S. District Court — District of Washington

UNITED STATES OF AMERICA, Plaintiff,

v.TY ALLEN MOORE, Defendant.

NO: CR-12-6023-RMP

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON

Dated: August 31, 2012

ORDER GRANTING MOTION FOR COMPETENCY EVALUATION

**U.S. Marshal Action Required**

Before the Court is Defendant's Motion for a Competency Evaluation, ECF No. 61. The Court has reviewed Defendant's motion, ECF No. 61, and supporting memorandum, ECF No. 62, and the Government's response, ECF No. 65. In addition the Court heard from the parties at a pretrial conference in Yakima, Washington, on August 30, 2012. Defendant Ty Allen Moore is represented by Assistant Federal Defender Diane Hehir. The Government is represented by Assistant United States Attorney Alexander Ekstrom.

Based upon the representations of Defendant's counsel and the conclusions of the initial report by Dr. Wert, who conducted a brief mental health evaluation ofDefendant at the invitation of defense counsel, the Court finds that there is reasonable cause to believe that "the defendant may presently be suffering from a mental disease rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or assist properly in his defense." 18 U.S.C. § 4241. Therefore, the Court orders a competency hearing preceded by a psychiatric or psychological examination and report.

Accordingly, IT IS HEREBY ORDERED:

1. Defendant's motion for a competency evaluation, ECF No. 61, is GRANTED.

2. Defendant's motion for extension of time to file pretrial motions, ECF No. 59, is GRANTED. The trial date of September 17, 2012, and all remaining pretrial deadlines and hearings are STRICKEN and shall be reset upon the Court's determination that Defendant is competent to proceed to trial. In addition, Defendant's motion in limine, ECF No. 53, is RESERVED FOR ARGUMENT AND RULING, pending the competency determination.

3. Defendant shall be examined with respect to whether he is able to understand the nature and consequences of the proceedings against him and to assist properly in his defense. 18 U.S.C. § 4241(b); seealso 18 U.S.C. § 4247(c)(4)(A). To facilitate a psychiatric or psychological examination, the Defendant is committed to the custody of the Attorney General for a period not to exceed thirty days. 18 U.S.C. § 4247(b). The Attorney General shall identify the closest suitable facility, preferably Federal Detention Center - SeaTac, for the competency evaluation, and the U.S. Marshal shall immediately transport Defendant to that facility.

4. The final report of Defendant's mental competency evaluation shall be submitted to the Court by October 15, 2012, at petersonorders@waed.uscourts.gov and to the following address: Honorable Rosanna Malouf Peterson, Post Office Box 324, Spokane, Washington 99210. The report shall include: 1) the Defendant's history and present symptoms; (2) a description of the psychiatric, psychological, and medical tests that were employed and their results; (3) the examiner's findings; and (4) the examiner's opinions as to diagnosis, prognosis, and whether 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

...