Glenn Randall Ferguson v. United States
DueProcess Privacy JusticiabilityDoctri Jurisdiction
When a district court has found a criminal defendant to be incompetent, is it sufficient to reverse the finding based solely on professional opinions from a second evaluation?
QUESTION PRESENTED FOR REVIEW 1. When a district court has found a criminal defendant to be incompetent pursuant to 18 U.S.C. § 4241, and the defendant is then sent to a BOP facility for a second evaluation “to determine whether there is a substantial probability that in the foreseeable future [the defendant] will attain the capacity to permit the proceedings to go forward” pursuant to 18 U.S.C. § 4241(d), is it sufficient for the district court to reverse its original finding and find the defendant competent based solely on professional opinions from the second evaluation that there were “discrepancies” in the defendant’s behavior? 2. When, in a jury trial on a charge of possession of child pornography, a district court, without first reviewing the proffered evidence, allows introduction and display to the jury of fifteen images and portions of ten videos of child pornography over the Rule 403 objection of the defendant, is that consistent with Rule 403? i