07912020063 Guy And Carrie Neighbors Yellow House Case
This document was uploaded by user and they confirmed that they have the permission to share it. If you are author or own the copyright of this book, please report to us by using this DMCA report form. Report DMCA
Overview
Download & View 07912020063 Guy And Carrie Neighbors Yellow House Case as PDF for free.
More details
- Words: 509
- Pages: 3
Case 2:07-cr-20124-CM-JPO
Document 212
Filed 08/26/2009
Page 1 of 3
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
UNITED STATES OF AMERICA, Plaintiff, v. CARRIE MARIE NEIGHBORS, Defendant.
) ) ) ) ) ) ) ) )
CASE NO. 07-20124-01-CM/JPO
ORDER NOW on the 25th day of August, 2009, the above captioned matter come on before the Court on the United States’ Motion for Mental Examination of Carrie Marie Neighbors to allow the government to obtain a psychiatric or psychological examination of the defendant, said motion and application filed on July 19, 2009, pursuant to Title 18, United States Code, Sections 4241 and 4247(c). After being fully advised in the premises the Court makes the following findings: Based upon the evidence presented at the hearing on the government’s Motion to Revoke Bond which included proffers by defense counsel and by government counsel, statements by the defendant and recorded conversations between the defendant and her co-defendant, there appears to be reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering her mentally incompetent to the extent that she is unable to understand the nature and consequences of the proceedings against her or to assist properly in her own defense
1
Case 2:07-cr-20124-CM-JPO
Document 212
Filed 08/26/2009
Page 2 of 3
Title 18, United States Code, Section 4241 authorizes the Court to order the defendant to be examined under procedures ordered by the court when there is reasonable cause to believe that the defendant may presently be suffering form a mental disease or defect rendering her mentally incompetent to the extent that she is unable to understand the nature and consequences of the proceedings against her or to assist properly in her defense. Good cause exists to justify the government’s motion for a mental examination of the defendant, Carrie Marie Neighbors. IT IS THEREFORE BY THE COURT ORDERED that the defendant, Carrie Marie Neighbors, shall report to a suitable facility designated by the Attorney General for a mental examination by a qualified psychologist or psychiatrist pursuant to the provisions of Title 18, United States Code, Section 4247 to determine if the defendant is suffering from a mental disease or defect rendering her mentally incompetent to the extent that she is unable to understand the nature and consequences of the proceedings against her or to assist properly in her defense. A psychological and/or psychiatric report shall be prepared by the examiner designated to conduct the psychiatric or psychological examination and shall be filed with copies provided to the counsel for the defendant and to the attorney for the Government in accordance with Title 18, United States Code, Section 4247(c). Defendant is thereby ordered to surrender herself on the day ordered by the court or the BOP to the facility where she will be evaluated. IT IS SO ORDERED. Dated this 26th day of August, 2009 at Kansas City, Kansas. 2
Case 2:07-cr-20124-CM-JPO
Document 212
Filed 08/26/2009
Page 3 of 3
s/ Carlos Murguia__________ HONORABLE CARLOS MURGUIA UNITED STATES DISTRICT JUDGE
3
Document 212
Filed 08/26/2009
Page 1 of 3
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
UNITED STATES OF AMERICA, Plaintiff, v. CARRIE MARIE NEIGHBORS, Defendant.
) ) ) ) ) ) ) ) )
CASE NO. 07-20124-01-CM/JPO
ORDER NOW on the 25th day of August, 2009, the above captioned matter come on before the Court on the United States’ Motion for Mental Examination of Carrie Marie Neighbors to allow the government to obtain a psychiatric or psychological examination of the defendant, said motion and application filed on July 19, 2009, pursuant to Title 18, United States Code, Sections 4241 and 4247(c). After being fully advised in the premises the Court makes the following findings: Based upon the evidence presented at the hearing on the government’s Motion to Revoke Bond which included proffers by defense counsel and by government counsel, statements by the defendant and recorded conversations between the defendant and her co-defendant, there appears to be reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering her mentally incompetent to the extent that she is unable to understand the nature and consequences of the proceedings against her or to assist properly in her own defense
1
Case 2:07-cr-20124-CM-JPO
Document 212
Filed 08/26/2009
Page 2 of 3
Title 18, United States Code, Section 4241 authorizes the Court to order the defendant to be examined under procedures ordered by the court when there is reasonable cause to believe that the defendant may presently be suffering form a mental disease or defect rendering her mentally incompetent to the extent that she is unable to understand the nature and consequences of the proceedings against her or to assist properly in her defense. Good cause exists to justify the government’s motion for a mental examination of the defendant, Carrie Marie Neighbors. IT IS THEREFORE BY THE COURT ORDERED that the defendant, Carrie Marie Neighbors, shall report to a suitable facility designated by the Attorney General for a mental examination by a qualified psychologist or psychiatrist pursuant to the provisions of Title 18, United States Code, Section 4247 to determine if the defendant is suffering from a mental disease or defect rendering her mentally incompetent to the extent that she is unable to understand the nature and consequences of the proceedings against her or to assist properly in her defense. A psychological and/or psychiatric report shall be prepared by the examiner designated to conduct the psychiatric or psychological examination and shall be filed with copies provided to the counsel for the defendant and to the attorney for the Government in accordance with Title 18, United States Code, Section 4247(c). Defendant is thereby ordered to surrender herself on the day ordered by the court or the BOP to the facility where she will be evaluated. IT IS SO ORDERED. Dated this 26th day of August, 2009 at Kansas City, Kansas. 2
Case 2:07-cr-20124-CM-JPO
Document 212
Filed 08/26/2009
Page 3 of 3
s/ Carlos Murguia__________ HONORABLE CARLOS MURGUIA UNITED STATES DISTRICT JUDGE
3
