Filed: Oct. 29, 2015
Latest Update: Oct. 29, 2015
Summary: STIPULATION AND ORDER FOR COMMITMENT FOR COMPETENCY RESTORATION UNDER 18 U.S.C. 4241(d) WILLIAM B. SHUBB , District Judge . The parties stipulate, through respective counsel, that the Court should order Mr. Cordova committed for a period of competency restoration treatment. See 18 U.S.C. 4241(d). The parties stipulate to the following facts: 1. Federal Bureau Of Prisons Licensed Clinical Psychologist, Angela J. van der Walt, Psy.D., rendered a report dated October 13, 2015, that dia
Summary: STIPULATION AND ORDER FOR COMMITMENT FOR COMPETENCY RESTORATION UNDER 18 U.S.C. 4241(d) WILLIAM B. SHUBB , District Judge . The parties stipulate, through respective counsel, that the Court should order Mr. Cordova committed for a period of competency restoration treatment. See 18 U.S.C. 4241(d). The parties stipulate to the following facts: 1. Federal Bureau Of Prisons Licensed Clinical Psychologist, Angela J. van der Walt, Psy.D., rendered a report dated October 13, 2015, that diag..
More
STIPULATION AND ORDER FOR COMMITMENT FOR COMPETENCY RESTORATION UNDER 18 U.S.C. § 4241(d)
WILLIAM B. SHUBB, District Judge.
The parties stipulate, through respective counsel, that the Court should order Mr. Cordova committed for a period of competency restoration treatment. See 18 U.S.C. § 4241(d).
The parties stipulate to the following facts:
1. Federal Bureau Of Prisons Licensed Clinical Psychologist, Angela J. van der Walt, Psy.D., rendered a report dated October 13, 2015, that diagnosed Mr. Cordova with severe mental illness, schizoaffective disorder, bipolar type.
2. Based upon that diagnosis, Dr. van der Walt has found that Mr. Cordova's mental illness will impair his ability to consult with his attorney effectively, and his ability to understand rationally his legal circumstances.
3. In the report, Dr. van der Walt recommends that the Court commit Mr. Cordova for a period of competency restoration treatment under 18 U.S.C. § 4241(d).
4. After review of the report, transmitted to the Court and counsel by electronic mail on October 26, 2015, the parties agree with Dr. van der Walt's diagnosis and recommended course of action regarding a commitment for competency restoration treatment.
5. Mr. Cordova currently resides at MCFP Springfield, an administrative security federal medical center, located in Springfield, Missouri.
The parties stipulate that the Court should find Mr. Cordova incompetent to consult with his attorney effectively, and that Mr. Cordova does not have the ability to understand rationally his legal circumstances.
The parties stipulate that the Court should commit Mr. Cordova for a period of competency restoration treatment under 18 U.S.C. § 4241(d).
The parties stipulate that transporting Mr. Cordova from Springfield, Missouri, to Sacramento, California, for an uncontested competency hearing, and then transporting him back to Springfield, Missouri, for a commitment for competency restoration treatment, would impose a severe hardship upon Mr. Cordova given his present severe mental illness, and would unnecessarily delay competency restoration.
Respectfully submitted,
DATED: October 28, 2015 BENJAMIN B. WAGNER
United States Attorney
/s/M.Petrik for_______
RICHARD J. BENDER
Assistant U.S. Attorney
ORDER
The Court, having received, read, and considered the stipulation of the parties, the report dated October 13, 2015, by Federal Bureau Of Prisons Licensed Clinical Psychologist, Angela J. van der Walt, Psy.D., and good cause appearing, adopts the stipulation in its entirety as its order.
The Court finds Mr. Cordova incompetent to consult with his attorney effectively, and that Mr. Cordova does not have the ability to understand rationally his legal circumstances.
The Court commits Mr. Cordova for a period of competency restoration treatment under 18 U.S.C. § 4241(d).
The Court further finds that transporting Mr. Cordova from Springfield, Missouri, to Sacramento, California, for an uncontested competency hearing, and then transporting him back to Springfield, Missouri, for a commitment for competency restoration treatment would impose a severe hardship upon Mr. Cordova given his present severe mental illness, and would unnecessarily delay competency restoration.
SO ORDERED.
