UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

UNITED STATES OF AMERICA, Case No. 14-20529 

 Plaintiff, Hon. Linda V. Parker 

-vsHERBERT T. FELTON JR., 

 Defendant. 

___________________________________/ 

MOTION FOR PSYCHOLOGICAL EXAMINATION 

TO DETERMINE DEFENDANT’S COMPETENCY TO STAND TRIAL

 1. On June 5, 2014, defendant Herbert Felton was charged in a complaint 

with Transportation of Minor with Intent to Engage in Criminal Sexual Activity, 18 

USC 2423(a). Defendant appeared in court on June 6, 2014 and at that time a 

detention hearing was set for June 10, 2014. On that date, Mr. Felton consented to 

detention and a preliminary examination was set for June 20, 2014. On June 20, 

2014, Mr. Felton waived a preliminary examination. He was indicted on September 

3, 2014 and several continuances were granted until Judith Gracey, Mr. Felton’s first 

lawyer, was permitted to withdraw. 

 2. During the undersigned’s representation of Mr. Felton, he has refused to 

discuss the case with her. During their meeting on October 23, 2015, he indicated 

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that he had already entered a guilty plea and refused to discuss trial. The undersigned 

has serious reservations about his competency to stand trial. 

 3. Based on the difficulty that defense counsel has had communicating with 

Mr. Felton, and his representation that he has already entered a guilty plea when, in 

fact, he has not and is awaiting trial, she believes that reasonable cause exists to 

believe that defendant may be suffering from a mental disease or defect that has 

rendered him mentally incompetent to the extent that he is unable to understand the 

nature and consequences of the proceedings against him or to properly assist in his 

defense, pursuant to 18 USC 4241(a). For these reasons, she requests a court order 

that: 

 (1) Defendant be examined by the Bureau of Prisons, at the soonest mutually 

convenient time, for the purpose of determining defendant’s competency to stand 

trial; 

 (2) A report be prepared and submitted to this Court, with copies provided to 

counsel for defendant and the government, so that a hearing may be conducted 

pursuant to 18 USC 4247(d) to determine his competency to stand trial. The report 

should include: 

 a. defendant’s history and present symptoms, if any; 

 b. a description of the psychiatric, psychological or medical tests 

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that were employed and their results; 

 c. the examiner’s findings as to competency to proceed, as well as 

the examiner’s opinions as to diagnosis and prognosis; and 

 d. a determination as to whether defendant presently suffers from a 

mental disease or defect that renders him mentally incompetent 

to the extent that he is unable to understand the nature and 

consequences of the proceedings against him or to assist properly 

in his defense. 

 (3) The time period associated with this determination, from the filing of this 

motion, through and including the date on which a final determination is made 

regarding defendant’s competency to stand trial, shall be excluded under the Speedy 

Trial Act pursuant to the terms of 18 U.S.C. § 3161(h)(1)(A). 

 Respectfully submitted, 

 s/Joan Ellerbusch Morgan 

 Legal Aid and Defender Assn. Inc. 

 Federal Defender Office 

 Attorney for Defendant 

 105 Paterson Building 

 653 South Saginaw Street 

 Flint, Michigan 48502 

 (810) 232-3600 

joan_morgan@fd.org

 (P-34482) 

 

 

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CERTIFICATE OF SERVICE

 I hereby certify that on October 26, 2015, I electronically filed this document, 

using the ECF system, which will send notification of such filing to Assistant U.S. 

Attorney Nancy Abraham. 

 s/Joan Ellerbusch Morgan 

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