Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States of America v. Shawn Cooya and Ritz Williams

May 23, 2011

UNITED STATES OF AMERICA
v.
SHAWN COOYA AND RITZ WILLIAMS, DEFENDANTS



The opinion of the court was delivered by: (Chief Judge Kane)

MEMORANDUM ORDER

On March 7, 2011, the United States of America filed a motion requiring Defendants to provide notice of whether they intend to introduce mental health evidence during the guilt or penalty phase of the trial, and to submit to an examination by a government expert in accordance with Rule 12.2 of the Federal Rules of Criminal Procedure. (Doc. No. 316.) Defendants filed a brief in opposition. (Doc. No. 330.) The thirty days having passed for the United States to file a reply brief in accordance with Judge McClure's pretrial order (Doc. No. 267), the matter is now ripe for disposition.

Rule 12.2 of the Federal Rules of Criminal Procedure governs a defendant's duty of disclosure regarding mental health evidence. Rule 12.2(a) requires a defendant to file a notice of his intent to pursue an insanity defense within the time provided for the filing of a pretrial motion, or at a later time set by the court. Fed. R. Crim. P. 12.2(a). In addition, Rule 12.2(b) requires a defendant to file a notice of his intent to introduce expert evidence bearing on either "(1) the issue of guilt or (2) the issue of punishment in a capital case" within the time provided for the filing of a pretrial motion, or at a later time set by the court. Fed. R. Crim. P. 12.2(b). If such notice has been filed, Rule 12(c)(1) outlines procedures for examination of the defendant by the government. Fed. R. Crim. P. 12(c)(1).*fn1

On August 10, 2010, Judge McClure ordered that all pretrial motions shall be filed on or before September 1, 2011. (Doc. No. 267.) Accordingly, the Court will order Defendants, consistent with Rule 12.2, to provide the United States with notice of Defendants' intent to pursue an insanity defense or intention to introduce expert evidence of a mental condition by September 1, 2011. Providing notice by that date will ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.