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Criminal Law Keyed to Osler
United States v. Brown
Citation:
326 F.3d 1143 (10th Cir. 2003)Facts
After pleading not guilty the defense filed under 12.2 to use the insanity defense and obtain a phycological examination. The prosecution also wanted their own examination by the Bureau of Prisons. After each examination the court had a competency hearing to determine if the defendant was able to stand trial. It was determined, against the opinion of the defendant’s doctor and in accordance with the prosecution’s examination, that he could stand trial.
After this determination, the prosecution filed a motion in limine to prevent the defense from using their examination to allege mental disease or defect. The defendant wanted to use it to prove that he could not form the requisite mens rea of specific intent. The court granted the motion to exclude the evidence. Then the defendant entered a guilty plea conditional on being able to appeal the granting of that motion in limine. This appeal followed.
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