US Court of Appeals for the Fifth Circuit Opinions
United States v. Porter
Opinion Date: October 26, 2018
Judge: Jerry E. Smith
Areas of Law: Criminal Law
The Fifth Circuit affirmed defendant's convictions for charges related to a murder for hire and held that defendant was competent to stand trial. The court could not say that the district court's considered decision that defendant was malingering and not presently suffering from a mental disease was "clearly arbitrary or unwarranted." Furthermore, the district court did not reversibly err in finding that defendant was competent to stand trial where he possessed both a factual and rational understanding of the proceedings. Finally, defendant's challenges to the denial of request for funding for a neuro-psychological evaluation was not properly before the court, the district court did not abuse its discretion by denying motions for a continuance of the joint competency hearing, and denial of the motions for funding and a continuance did not amount to a denial of defendant's right to expert assistance.
Louisiana Law Blog
Louisiana Law, News, Issues and Comments from Attorneys at the Shoultz Law Firm