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United States v. Watts

United States District Court, S.D. Illinois

December 19, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
JAMES NATHANIEL WATTS, Defendant.

          MEMORANDUM AND ORDER

          J. PHIL GILBERT DISTRICT JUDGE.

         This matter comes before the Court on the Government's motion to amend the Third Amended Scheduling Order to add certain deadlines for actions to be taken in connection with Federal Rule of Criminal Procedure 12.2 (Doc. 448). Defendant James Nathaniel Watts has responded to the motion, objecting that the proposed deadlines and actions are in contravention of Rule 12.2 (Doc. 459). The Government has replied to that response (Doc. 463).

         I. Relevant Rules

         The Court starts with the relevant portions of Rule 12.2 that deal with expert evidence of a mental condition in a capital sentencing proceeding:

Notice of an Insanity Defense; Mental Examination
* * *
(b) Notice of Expert Evidence of a Mental Condition. If a defendant intends to introduce expert evidence relating to a mental disease or defect or any other mental condition of the defendant bearing on . . . (2) the issue of punishment in a capital case, the defendant must - within the time provided for filing a pretrial motion or at any later time the court sets - notify an attorney for the government in writing of this intention and file a copy of the notice with the clerk. The court may, for good cause, allow the defendant to file the notice late, grant the parties additional trial-preparation time, or make other appropriate orders.
(c) Mental Examination.
(1) Authority to Order an Examination; Procedures.
* * *
(B) . . . . 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.
(2) Disclosing Results and Reports of Capital Sentencing Examination. The results and reports of any examination conducted solely under Rule 12.2(c)(1) after notice under Rule 12.2(b)(2) must be sealed and must not be disclosed to any attorney for the government or the defendant unless the defendant is found guilty of one or more capital crimes and the defendant confirms an intent to offer during sentencing proceedings expert evidence on mental condition.
(3) Disclosing Results and Reports of the Defendant's Expert Examination.
After disclosure under Rule 12.2(c)(2) of the results and reports of the government's examination, the defendant must disclose to the government the results and reports of any examination on mental condition conducted by the defendant's expert ...

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