Opinion
CRIMINAL 7:20cr365(PMH)
12-10-2021
UNITED STATES OF AMERICA v. TERRY DUNCAN
Terry Duncan Francis L. O'Reilly O'Reilly and Shaw
Terry Duncan
Francis L. O'Reilly
O'Reilly and Shaw
ORDER FOR COMPETENCY EVALUATION OF DEFENDANT
HON. PHILIP M. HALPERN, UNITED STATES DISTRICT JUDGE
By oral motion dated December 6, 2021, the defendant, Pursuant to 18 U.S.C. § 4241 (a), requested that the Court order a competency evaluation determine whether the defendant is currently 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 proceeding against him or to assist properly in his defense.
The Court, having reviewed that motion and having had an opportunity to observe the defendant in Court, GRANTED the defendant's motion, FURTHER, IT IS HERBY ORDERED, pursuant to 18 U.S.C. § 4247(B), that the Bureau of Prisons, insofar as the defendant is currently incarcerated, conduct a psychiatric and psychological examination of the defendant to determine his competency, and to determine if he is currently suffering from a mental disease or defect.
IT IS FURTHER ORDERED, pursuant to 18 U.S.C § 4247 (c), that a report of examination be prepared and furnished to the Court, counsel for the defendant, and counsel for the government, within 60 days hereof.
IT IS FURTHER ORDERED that no statement, testimony, or other evidence made or provided by the defendant during or as a result of any court-ordered competency evaluation, no testimony or report of any expert based upon such statement, testimony or evidence, and no other fruits of such statement, testimony or evidence shall be admitted in evidence or otherwise used against the defendant in any criminal proceedings except on an issue respecting competency.
SO ORDERED.
*** The Clerk of the Conrt is respectfully directed to terminate the motion sequence pending at Doc. 34.*