Opinion
CRIMINAL ACTION 12-00141-KD
01-24-2013
UNITED STATES OF AMERICA v. MORRIS SEARS, Defendant.
ORDER
This action is before the Court on Defendant Morris Sears' Motion for a Continuance. The trial of this action was continued from the October 2012 trial term after questions arose regarding Defendant's mental condition. Subsequent thereto, Defendant underwent a neurological examination by Dr. Daniel Stubler, M.D., in December 2012, and a psychological evaluation by Dr. Murry Mutchnick, Ph.D. in January 2013. During a telephone conference with counsel for the parties on January 17, 2013, counsel advised the Court that they have reviewed the reports from both evaluations, and that neither evaluator opined that Defendant is not competent to stand trial.
Counsel for Defendant requested that this action be continued to the April jury trial term because Defendant is providing care for his wife who is recovering from a stroke, and Defendant is scheduled to undergo another lateral bypass. Subsequent thereto, counsel for Defendant submitted updated medical records and a Waiver signed by Defendant and his counsel. The medical records reflect that Defendant has been diagnosed with peripheral vascular disease in the right lower extremity, and that while Defendant had surgery in October 2012 to correct the problem, the surgery was only partially successful. Thus, another surgical procedure is being scheduled for next week or soon thereafter, and it is anticipated that Defendant's recovery will take four to six weeks. Additionally, the medical records reflect that the surgery is necessary in order to prevent the amputation of Defendant's leg. Counsel for the Government does not oppose Defendant's continuance request, but requests a special trial setting during the April term.
Based upon counsel's representations and a review of the case file, including the medical records, the undersigned finds that a continuance is appropriate in this case, and that the ends of justice served by continuing this action outweigh the best interests of the public and Defendant in a speedy trial. 18 U.S.C.A. § 3161(h)(1)(A). Specifically, the undersigned finds that a continuance of this action to allow time for the surgery and Defendant's recovery is reasonable under the circumstances. 18 U.S.C.A. § 3161(h)(1)(A). Accordingly, this case is hereby CONTINUED to the April 2013 criminal term, with jury selection commencing on April 1, 2013. For purposes of the Speedy Trial Act, any delay resulting from this continuance is excludable pursuant to 18 U.S.C. § 3161(h)(1)(A).
This action is hereby set for a status conference before the undersigned Magistrate Judge, via telephone, on February 1, 2013 at 3:00 p.m. to address the Government's request for a special trial setting. Chambers' staff will initiate the conference call.
SONJA F. BIVINS
UNITED STATES MAGISTRATE JUDGE