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: Third Circuit Blog

Excludable time for competency determination under STA does not automatically include delay for transportation beyond ten days; delay in transport found unreasonable and therefore not excludable.

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

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On January 28, 2014, Williams was charged by information with federal and VI firearms offenses. Prior to arraignment, Williams's counsel filed a motion for a hearing to determine Williams?s mental competency pursuant to 18 U.S.C. § 4241(a). The Government subsequently filed its own motion for a hearing to determine competency. On June 11, 2014. The court ordered that Williams be transported to the Federal Medical Center in Butner. The following day?June 12, 2014?a grand jury returned an Indictment. On June 18, 2014, Williams was arraigned with respect to the charges contained in the Indictment.Although the order was issued on June 11, 2014, Williams did not arrive at FMC Butner until July 29, 2014. On November 6, 2014, following receipt of the report from Butner, the court entered an order committing Williams to the custody of the United States Attorney General pursuant to 18 U...continue to full post

Full post as published by Third Circuit Blog on March 09, 2019 (boomark / email).