Opinion
Criminal Action No. 07-00006-01-CR-W-SOW.
August 16, 2007
REPORT AND RECOMMENDATION
On February 21, 2007, defendant moved for a judicial determination of mental competency. Defendant was examined by Judith Campbell, Ph.D., a forensic psychologist, who prepared a report dated July 2, 2007.
On August 15, 2007, I held a competency hearing. Defendant was present, represented by J. R. Hobbs and Justin Johnson. The government was represented by Assistant United States Attorney Katharine Fincham. The parties stipulated to the contents and findings of Dr. Campbell as the only evidence of whether the defendant is competent to stand trial and to assist in his defense (Tr. at 2-3).
Defendant had Dr. Campbell's findings reviewed by a psychiatrist, Dr. Tahir Rahman, who concurs in Dr. Campbell's findings.
"Tr". refers to the transcript of the competency hearing.
Based upon the uncontroverted evidence stipulated to by the parties in this case, I find that the defendant is competent to stand trial and to assist in his defense. Therefore, it is
RECOMMENDED that the court, after making an independent review of the record and applicable law, enter an order finding defendant competent to stand trial and to assist in his defense.
Counsel have waived the ten-day objection period and are instructed to file any objections to this Report and Recommendation by August 17, 2007.