Opinion
CRIMINAL CASE 10-00151-CG.
February 10, 2011
ORDER
On this date, the Court conducted a hearing for a determination of Defendant's mental competency to stand trial pursuant to 18 U.S.C. § 4241. Present during the hearing and in court was the Defendant, Lila Virginia Cleveland, counsel for the Defendant, and Assistant U.S. Attorney Daryl Atchison for the United States.
Prior to the hearing, copies of the report containing the medical opinion of Dr.Lisa Feldman of the Bureau of Prisons Federal Detention Center, Miami, Florida, were made available and reviewed by the Court, counsel for Defendant and the United States. Dr. Feldman concluded that the Defendant Steven Palmer is suffering from a severe mental disease or defect that renders him unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense, and that because of this mental disease, he was not criminally responsible for the alleged offense. Dr. Feldman further recommended that the Defendant be committed for a period of mental health treatment under the provisions of Title 18, U.S. Code, § 4241(d). No additional testimony, or other expert opinions, were offered by either party.
Therefore, based on the evidence presented, the Court finds by a preponderance of the evidence that the Defendant is presently 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. Accordingly, Pursuant to 18 U.S.C. § 4241(d), the court hereby commits the defendant to the custody of the United States Attorney General for a reasonable time, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future he will attain the capacity to permit the trial to proceed. During this period, he is to receive mental health treatment, which could include the administration of antipsychotic medications.
This time period shall not begin to run until the date the defendant arrives at the facility designated for treatment by the Attorney General.
DONE and ORDERED this 10th day of February, 2011.
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— Case Participants: Daryl A. Atchison (daryl.atchison@usdoj.gov, sue.seidel@usdoj.gov, usaals.ecf@usdoj.gov), Lila Virginia Cleveland (lilavcleveland@gmail.com), Magistrate Judge Katherine P. Nelson (deborah_farmer@alsd.uscourts.gov, efile_nelson@alsd.uscourts.gov, john_campbell@alsd.uscourts.gov, katherine_nelson@alsd.uscourts.gov), Judge Callie V. S. Granade (efile_granade@alsd.uscourts.gov)
— Non Case Participants: Brendan Kirby (kirby@mobileregister.com), U.S. Marshal's Service (court.mailals@usdoj.gov), U.S. Probation Office (efile_uspo@alsd.uscourts.gov)
— No Notice Sent:
Message-Id:1356125@alsd.uscourts.gov
Subject: Activity in Case 1:10-cr-00151-CG-N USA v. Palmer Psychiatric Order
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U.S. District Court Southern District of Alabama
Notice of Electronic FilingThe following transaction was entered on 2/10/2011 at 10:01 AM CST and filed on 2/10/2011
Case Name: Case Number: 1:10-cr-00151-CG-N Filer: Document Number: 23
USA v. Palmer Docket Text:ORDER entered as to Steven Palmer, finding the defendant to be incompetent, and committing defendant to the custody of the United States Attorney General for a reasonable time, not to exceed four months, and directing that he receive mental health treatment as set out in order. Signed by Judge Callie V. S. Granade on 2/10/2011. (certified copy to USM) (mab)
1:10-cr-00151-CG-N-1 Notice has been electronically mailed to:Lila Virginia Cleveland lilavcleveland@gmail.com
Daryl A. Atchison daryl.atchison@usdoj.gov, sue.seidel@usdoj.gov, usaals.ecf@usdoj.gov
1:10-cr-00151-CG-N-1 Notice has been delivered by other means to:
The following document(s) are associated with this transaction:
Document description: Main Document
Original filename: n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1026491878 [Date=2/10/2011] [FileNumber=1356123-0]
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