United States v. Baisden

886 F. Supp. 2d 1088, 2012 WL 3126808, 2012 U.S. Dist. LEXIS 107002
CourtDistrict Court, N.D. Iowa
DecidedAugust 1, 2012
DocketNos. CR11-4052-MWB, CR11-4150-MWB
StatusPublished

This text of 886 F. Supp. 2d 1088 (United States v. Baisden) is published on Counsel Stack Legal Research, covering District Court, N.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Baisden, 886 F. Supp. 2d 1088, 2012 WL 3126808, 2012 U.S. Dist. LEXIS 107002 (N.D. Iowa 2012).

Opinion

ORDER

LEONARD T. STRAND, United States Magistrate Judge.

This matter is before the court on the July 23, 2012, motion (Doc. No. 40) for psychiatric examination of defendant by government expert filed by plaintiff, United States of America (“the Government”). Defendant Karlis Baisden filed a resistance (Doc. No. 41) on July 25, 2012. The court conducted a hearing on July 31, 2012. Defendant appeared personally and with his counsel, Michael Smart. Assistant United States Attorney Robert Knief appeared for the Government. The matter is now fully submitted.

BACKGROUND

Defendant was charged with, and ultimately plead guilty to: (1) two counts of bank robbery, (2) possession of a firearm in relation to a crime of violation and (3) interstate transportation of a stolen vehicle. His sentencing hearing commenced on April 10, 2012. During the hearing, the court granted defendant’s motion to continue for purposes of considering a possible psychiatric evaluation. Ultimately, defendant elected to undergo an evaluation by Dr. Terry Davis. On July 20, 2012, the Government received a copy of Dr. Davis’ report, which apparently concludes that defendant “was suffering from a severe Major Depressive Disorder at the time of the robberies that impaired his judgment and diminished his capacity to fully appreciate the wrongfulness of his [acts].” Doc. 40 at 1. Defendant has confirmed that he intends to use Dr. Davis’ report as mitigating evidence for purposes of sentencing. Doc. No. 41-1 at 2. Based on this information, the Government seeks entry of an order requiring defendant to submit to a psychiatric examination at the Federal Medical Center in Springfield, Missouri.

ANALYSIS

In its motion, the Government invoked Federal Rule of Criminal Procedure 12.2 and argued that it has the right, under that rule, to conduct an independent psychiatric examination. Doc. 40 at 2-3. In his response, defendant correctly noted that Rule 12.2 does not apply to this situation. Subsection (a) imposes a notice requirement on a defendant who intends to assert a defense of insanity, which is not the case here. Subsection (b) imposes a notice requirement on a defendant who intends to introduce expert evidence con[1090]*1090cerning the defendant’s mental condition on “either (1) the issue of guilt or (2) the issue of punishment in a capital case.” Fed.R.Crim.P. 12.2(b) [emphasis added]. Defendant has already plead guilty and this is not a capital case, so neither situation is present here.

Subsection (c)(1) of Rule 12.2 is entitled “Authority to Order an Examination; Procedures,” and provides as follows:

(A) The court may order the defendant to submit to a competency examination under 18 U.S.C. § 4241.
(B) If the defendant provides notice under Rule 12.2(a), the court must, upon the government’s motion, order the defendant to be examined under 18 U.S.C. § 4242. If the defendant provides notice under Rule 12.2(b) the court may, upon the government’s motion, order the defendant to be examined under procedures ordered by the court.

Fed.R.Crim.P. 12.2(c)(1). Paragraph (A) does not apply, as defendant’s competency is not at issue. And paragraph (B) does not apply because, as noted above, this is not a situation in which the defendant is required to provide notice pursuant to Rule 12.2(a) or 12.2(b).

In short, this situation is not governed by Rule 12.2. Counsel for the Government acknowledged this during the hearing. Counsel instead argued that Rule 12.2 is not the exclusive source of the court’s power to order a psychiatric examination. According to the Government, the court may order such an examination when justice and fairness so require. The Government contends that where, as here, the defendant has been examined by a mental health professional of his choosing and intends to rely on that professional’s opinions for purposes of sentencing, the Government should be permitted to address that evidence by having another mental health professional evaluate defendant. The Government further contends that requiring a second evaluation would not cause unfair prejudice to defendant. While this would delay the sentencing process, the Government notes that the defendant is already in custody and is facing a substantial minimum sentence.

Defendant contends the court has no authority to order a psychiatric evaluation if not expressly permitted by rule or statute. Because it is undisputed that Rule 12.2 does not apply, and because the Government has cited no other rule or statute that would authorize a compelled evaluation under the circumstances present here, defendant argues that the court lacks the power to grant the Government’s motion.1 Defendant further argues that a compelled evaluation is unnecessary and may cause unfair prejudice.

Based on the foregoing, the court must first determine whether it has the authority to require a defendant to undergo a psychiatric evaluation in the absence of any rule or statute expressly conferring such power. If such authority exists, the court must then decide whether it is appropriate to exercise that authority under these circumstances.

A, Does the Court Have the Authority to Compel a Psychiatric Evaluation?

The Government acknowledges that neither Rule 12.2 nor any other rule [1091]*1091or statute expressly permits the court to grant the relief sought by the Government’s motion. If defendant is correct, and such express authority is necessary, then the motion must be denied. However, federal courts addressing this issue have concluded that the court does have inherent authority to compel a criminal defendant to undergo a mental health examination.

The original version of Rule 12.2 took effect on December 1, 1975. In cases arising from orders entered before that date, the Eighth Circuit recognized that federal courts have inherent authority to order a psychiatric examination, even if not expressly authorized by statute. See, e.g., United States v. Lincoln, 542 F.2d 746, 749 (8th Cir.1976); United States v. Reifsteck, 535 F.2d 1030, 1033 (8th Cir.1976); Alexander v. United States, 380 F.2d 33, 39 (8th Cir.1967). As such, the question becomes whether Rule 12.2, once enacted, became the exclusive source of the court’s power to compel such an examination.

The Eighth Circuit does not appear to have addressed this question. However, other federal courts continue to find that they have the inherent authority to order psychiatric examinations under appropriate circumstances. In United States v. McSherry, 226 F.3d 153

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Related

Larry Edward Alexander v. United States
380 F.2d 33 (Eighth Circuit, 1967)
United States v. Earl S. Baird
414 F.2d 700 (Second Circuit, 1969)
United States v. Syble Reifsteck
535 F.2d 1030 (Eighth Circuit, 1976)
United States v. Marvin Clyde Lincoln
542 F.2d 746 (Eighth Circuit, 1976)
United States v. Billy G. Byers
740 F.2d 1104 (D.C. Circuit, 1984)
United States v. Sean McSherry
226 F.3d 153 (Second Circuit, 2000)
United States v. Beiermann
584 F. Supp. 2d 1167 (N.D. Iowa, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
886 F. Supp. 2d 1088, 2012 WL 3126808, 2012 U.S. Dist. LEXIS 107002, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-baisden-iand-2012.