“Reasonable cause standard for the requirements of the competency exam?”

THE CASE OF THE AGONY OF THE SMELL OF THE CORRUPTION AND DEAD FISH.

"Only one tribunal ever adopted a practice of forcing counsel upon an unwilling defendant in a criminal proceeding. The tribunal was the Star Chamber."-U.S. v Faretta , 422 U.S. 806 (1975)

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REASONABLE DOUBT

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Not to speak is to speak. Not to act is to act." ― Dietrich Bonhoeffer

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An Un Reasonable Cause Standard A.K.A. The Case of Just 'Cause!

Under 18 U.S.C. § 4241(a), the defendant or the attorney for the Government may file a motion for a hearing to determine the mental competency of the defendant. The court shall grant the motion, or shall order such a hearing on its own motion, if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense.

A. Upon a judicial determination of 'reasonable cause' to believe the defendant is incompetent, the court may order a 30 day in-patient examination under 18 U.S.C. §4241(b) and 18 U.S.C. §4247(b). The court cannot begin with a four month commitment under §4241(d) without this intermediary step. U.S. v. White, 887 F.2d 705, 710 (6th Cir. 1989).

01.17.2003

Nicolaysen:

"May I inquire whether or not the court is planning to make any "factual findings" in regard to the "reasonable cause standard" under the stature since there are no findings that have been submitted by the government?"

Judge A. Howard Matz: “Reasonable cause standard for the requirements of the competency exam?”

Facts?  [Ahhh, Oh yea, shucks, darn near forgot about that thar thingy-ma-bob in the law.]

Nicolaysen: “Yes, Your Odor. Under [Title 18] 4241, Subsection A, as the court very well knows, there's a reasonable cause requirement.”

Judge Matz : “I already did but I will repeat them. You were not there.”

Suspicion that viewpoint discrimination is afoot is at its zenith when the speech restricted is speech critical of the government," Ridley v. Mass. Bay Transp. Auth., 390 F.3d 65, 86 (1st Cir. 2004)

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