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U.S. v. LUCERO, 1:15-cr-0113. (2016)

Court: District Court, D. Colorado Number: infdco20160429b63 Visitors: 6
Filed: Apr. 28, 2016
Latest Update: Apr. 28, 2016
Summary: ORDER SETTING HEARING ON RENEWED MOTION FOR DETERMINATION OF COMPETENCY JOHN L. KANE , Senior District Judge . Before me is Defendant McQuown's Renewed Motion for Determination of Competency to Stand Trial (Doc. 126). At the hearing held on December 4, 2015, I found that Defendant McQuown was malingering on the basis of the evaluations of Defendant performed by Drs. Fukutaki and Micono. See Doc 68-1 at 11; Micono Report at p. 28. Pursuant to F.R.E. 706(a), I intend to appoint Dr. Jane Wel
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ORDER SETTING HEARING ON RENEWED MOTION FOR DETERMINATION OF COMPETENCY

Before me is Defendant McQuown's Renewed Motion for Determination of Competency to Stand Trial (Doc. 126). At the hearing held on December 4, 2015, I found that Defendant McQuown was malingering on the basis of the evaluations of Defendant performed by Drs. Fukutaki and Micono. See Doc 68-1 at 11; Micono Report at p. 28. Pursuant to F.R.E. 706(a), I intend to appoint Dr. Jane Wells (2669 Spruce Street, Suite 202, Boulder, CO 80302, 303-546-9699) to further evaluate the Defendant's competency to stand trial. Dr. Wells will be paid using CJA funds pursuant to F.R.E. 706(c)(1).

In addition, the Final Trial Prep Conference currently set for 10:00 a.m. on Tuesday, May 3, 2016 is converted to a hearing on (1) Defendant McQuown's Renewed Motion for Determination of Competency to Stand Trial (Doc. 126) and (2) Defendant McQuown's Motion to Continue (Doc. 125). In light of the above, Defendant McQuown's Ex Parte Motion for Funds to Retain a Psychologist (Doc. 124-1) is DENIED AS MOOT.

Source:  Leagle

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