United States v. Read, No. 17-10439 (9th Cir. 2019)Annotate this Case
Under the facts of this case, McCoy v. Louisiana, 138 S. Ct. 1500 (2018), requires that a criminal defendant have the Sixth Amendment right to demand that counsel not present an insanity defense. Defendant was convicted of assault with a deadly weapon with intent to bodily harm, and assault with a deadly weapon resulting in serious bodily injury.
The panel rejected defendant's contention that the government did not sufficiently allege and prove the jurisdiction element of 18 U.S.C. 113(a) (assault with a deadly weapon resulting in serious bodily injury). In light of McCoy, defendant's Sixth Amendment rights were violated when the trial judge permitted counsel to present an insanity defense against his clear objection; considering defendant's mental illness and "bizarre" behavior, including his diagnosis of schizophrenia, the district court did not abuse its discretion by appointing counsel; and defendant waived his Speedy Trial Act claim.