United States v. Martinez-Haro, No. 10-4166 (10th Cir. 2011)
Annotate this CaseDefendant-Appellant Rigoberto Martinez-Haro was indicted with two counts of methamphetamine possession with intent to distribute. Before trial, Defendant's counsel requested he undergo a psychiatric evaluation to determine his competency to stand trial. A doctor performed the evaluation and concluded that Defendant was "likely not competent." The doctor recommended more testing in Spanish by a Spanish speaking doctor. The government moved for a second competency hearing based on the doctor's recommendation which the district court granted. Defendant objected and filed an interlocutory appeal with the Tenth Circuit to challenge the district court's order. The Tenth Circuit found legitimate reasons for the district court to order a second competency examination. The Court concluded after a review of the doctor's report that it would have been "prudent" for the court to order the additional examination. Finding no abuse of discretion by the district court, the Tenth Circuit affirmed the lower court's decision.
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