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Contention That Court Should Have Argued Second Compentency Eval Rejected

By Shari Allison

United States v. Cornejo-Sandoval, ___ F.3d ___, 2009 WL 1195527 (10th Cir. 2009)Court rejects D?s procedural and substantive competency claims regarding court?s failure to order a second competency evaluation during trial. 18 USC Sec. 4241(a) sets out the procedure when a question of competency arises. Review of a decision whether to order a second exam is not plenary?rather, it is for an abuse of discretion. Counsel?s initial agreement that D was competent a week before trial, the pre-trial evaluation noting that D was competent at that time but was merely a very difficult and angry client, and the trial court?s observation that D was trying to disrupt the proceedings, combined so that COA could not say trial court abused its discretion in not ordering a second evaluation...continue to full post

Full post as published by Tenth Circuit Blog on May 06, 2009 (boomark / email).