COURT ORDER FOR MENTAL EVALUATION...

IN THE MAGISTRATE COURT OF DEKALB COUNTY

STATE OF GEORGIA

DEKALB COUNTY

vs.

JAMES E. AVERY,

DEFENDANT.

CASE NO. 

026179-026181,

026695-026696,

027587-027589

027591-027594,

026200,028257,

028302-028304,

028309-028311

ORDER FOR MENTAL EVALUATION REGARDING:

COMPETENCY TO STAND TRIAL

        WHEREAS, the mental competency of the above defendant has been called into question and evidence presented in the matter, and this Court has found that it is appropriate for an evaluation to be conducted at public expense:

        It is hereby ordered that the Department of Human Resources (or the Forensic Psychiatry Services) conduct an evaluation of said Defendant, provide treatment of the defendant, if appropriate, and provide this court a report of the diagnosis, prognosis and its findings with respect to:

        Competency to Stand Trial: Whether the accused is capable of understanding the nature and object of the proceedings against him; and whether the accused is capable of assisting counsel in his own defense. In determining the ability to assist counsel, the Department of Human Resources is to consider and report on the following factors as put forth by the Georgia Supreme Court in Sims v. State, 2005 WL 1320318 (June 6, 2005):

1. Can the defendant recall and relate facts pertaining to his actions and whereabouts at certain     times;

2. Is he able to assist counsel in locating and examining relevant witnesses;

3. Is he able to maintain a consistent defense; 

4. Is he able to listen to the testimony of witnesses and inform his lawyer of any distortions or         misstatements; 

5. Does he have the ability to make simple decisions in response to well-explained alternatives;

6. If necessary to defense strategy, is he capable of testifying in his own defense; 

7. To what extent, if any, is his mental condition apt to deteriorate under stress of trial.

        IT IS FURTHER ORDERED that the examining facility/personnel shall have access to all past medical records and mental health records of defendant. The examining facility/personnel shall have access to any other pertinent collateral data, including but not limited to collateral interviews with family members.

So ordered this 15th day of November, 2016.

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The Honorable Matthew McCoyd

Judge, Magistrate Court of DeKalb County

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Subject:	Trinity's Time Warp Dance - Court Order For Mental Evaluation
From:	James Avery (jeaverydvm87@att.net)
To:	wgibbs@dekalbcountyga.gov;
Date:	Thursday, November 17, 2016 9:20 PM

Hello Mrs. Gibbs,

Finally received my Court "Mailed" Order For Mental Evaluation Regarding Competency To Stand Trial late this afternoon.  But the attached files are all I got.  And it surprised me that this Court Ordered Mental Evaluation came delivered in an unsealed envelope..?  No big deal really as I have just about everything uploaded to my blogs.

So what do I do next?

I'm assuming that I should be expecting more mail with further instructions..?

Please advise.

Sincerely yours,

James E. Avery, D.V.M.

P.S. You will find my Court Ordered Mental Evaluation Notice also uploaded to my blog by clicking on the following link:

http://minusfleshequalswaterandspirits.blogspot.com/2016/11/court-order-for-mental-evaluation.html

COURT ORDER FOR MENTAL EVALUATION...

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Attachments

• Court Ordered Mental Evaluation November 17th, 2016 (4).jpg (377.77KB)
• Court Ordered Mental Evaluation November 17th, 2016 (5).jpg (1.26MB)

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