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.

States v. Hines

United States District Court, D. Colorado

June 12, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
DONTAE DANIEL HINES, Defendant.

          VIRGINIA L. GRADY Federal Public Defender TIMOTHY P. O'HARA Assistant Federal Public Defender Attorney for Defendant

          DEFENDANT'S UNOPPOSED MOTION FOR ORDER

         Undersigned counsel, Timothy P. O'Hara, Assistant Federal Public Defender, respectfully moves this Court to determine the competency of Mr. Hines pursuant to 18 U.S.C. § 4241(a). The Motion is unopposed by the government.

         I. Procedural Background

         1. On April 11, 2019, the probation department filed a document entitled “Second Superseding Petition for Warrant on Person Under Supervision.”[1] See Doc. 146.

         2. On April 12, 2019, an arrest warrant was issued. See Doc. 148. That same day, Mr. Hines was arrested. See Doc. 153.

         3. On April 18, 2019, Mr. Hines appeared before the Honorable Magistrate Judge N. Reid Neureiter. Magistrate Judge Neureiter continued the present matter for a Detention Hearing and Preliminary Hearing to be held on April 22, 2019. See Doc. 155.

         4. On April 22, 2019, the parties began the Preliminary Hearing and Detention Hearing before Magistrate Judge Neureiter. See Doc. 157. After a lengthy hearing, including the testimony of the United States Probation Officer supervising Mr. Hines, the matter was continued until April 24, 2019. See id.

         5. On April 24, 2019, the parties appeared before Magistrate Judge Neureiter again and continued the Preliminary Hearing and Detention Hearing. At that time, Magistrate Judge Neureiter ordered that Mr. Hines be released to a halfway house in Denver “once bed space is available.” See Doc. 158 & 160.

         6. On May 16, 2019, undersigned counsel filed a Motion to Reopen the Detention Hearing Pursuant to 18 U.S.C. § 3142(e) because halfway house bed space had not become available. See Doc. 167. On May 17, 2019, Magistrate Judge Neureiter set the present case for a Motion Hearing on May 28, 2019. See Doc. 172.

         7. On May 29, 2019, the parties again appeared before Magistrate Judge Neureiter. See Doc. 177. The parties examined two witnesses, one of whom was Ms. Andrea Gonzales, the former director of the Independence House. See Id. At the conclusion of the hearing, Magistrate Judge Neureiter denied undersigned counsel's request to release Mr. Hines on conditions other than to the halfway house in Denver. Magistrate Judge Neureiter reissued the detention order until a halfway house in Denver accepted Mr. Hines' placement.[2] See id.

         7. Undersigned counsel has reviewed the following materials: Mr. Hines' mental health history, [3] the records generated following his recent mental health treatment, and his multiple pro se filings.[4] Undersigned counsel has spoken with Mr. Hines on a number of occasions since April 22, 2019, both by phone and in person.

         8. Undersigned counsel has reason to believe that Mr. Hines may be suffering from a mental disease or defect that could be rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him and/or unable to assist properly in his defense. The privilege between attorney and client prevent further disclosure.

         9. Based on the aforementioned concerns, including Mr. Hines own concern, undersigned counsel requests the Court to order a psychiatric or psychological evaluation for purposes of determining competency to undergo post-release proceedings pursuant to 18 U.S.C. § 4241(a).

         10. If ordered, the examination shall be conducted by a licensed or certified psychiatrist or psychologist and the examiner shall be designated by the Court. See 18 U.S.C. § 4247(b). Undersigned counsel requests that the Court specifically designate Dr. Susan Bograd to examine Mr. Hines. ...


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.