United States v. Dennis
6:11-cr-10250
D. Kan.Oct 9, 2012Background
- Dennis was indicted on two counts of sex trafficking of minors under 18 U.S.C. §§ 1591(a), 1594(a).
- A motion to determine competency under 18 U.S.C. § 4241(a) was filed by Dennis’s attorney in Dec 2011.
- Dennis was evaluated by Dr. Moeller (defense) who found incapacity due to mental retardation and ADHD; Campbell and her intern evaluated him and found competency.
- CAST-MR testing suggested mild mental retardation; Dr. Campbell found competency; Dr. Moeller found incompetency after re-scoring.
- Court held a three-day competency hearing in Aug 2012 and concluded Dennis is competent to stand trial; ordered proceedings to recommence.
- The Court noted concerns about scoring and credibility but credited Campbell’s conclusions and Dennis’s ability to understand basic legal concepts and assist counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dennis is competent to stand trial. | Dennis’s CAST-MR results and ADHD/limitations show incompetence. | Dennis can understand proceedings and assist counsel; issues were overstated. | Dennis is competent to stand trial. |
| Effect of CAST-MR scoring discrepancies on competency. | Moeller’s scores indicate incompetence. | Scoring errors and methodological concerns undermine that finding. | CAST-MR results do not establish incompetence by preponderance. |
| Credibility of expert testimony on competency. | Moeller’s assessment should be given substantial weight. | Campbell’s assessment is more credible and reliable. | Court favored Campbell’s conclusions overall. |
Key Cases Cited
- Dusky v. United States, 362 U.S. 402 (1960) (establishes standard for competent to stand trial)
- Godinez v. Moran, 509 U.S. 389 (1993) (competence standard includes rational understanding and ability to consult)
- Cooper v. Oklahoma, 517 U.S. 348 (1996) (presumption of competence; burden on proponent to prove incompetence)
- United States v. Smith, 521 F.2d 374 (10th Cir. 1975) (defendant bears burden of proof in competency hearing)
- United States v. Frank, 956 F.2d 872 (9th Cir. 1991) (court may weigh expert credibility in competency findings)