United States v. Elliott Caplan

I. PROCEDURAL BACKGROUND

Elliott Caplan, under the alias of Vernon Frank Mitchell, was charged by indictment in the District of Arizona on January 12, 1977 with conspiracy to possess marijuana with the intent to distribute and conspiracy to import marijuana in violation of Title 21, United States Code, §§ 841 (a)(1) and 846, and §§ 952(a), 960(a)(1) and 963, respectively. On September 14,1978, appellant’s trial counsel made a motion requesting a psychiatric examination to determine appellant’s competence to stand trial pursuant to 18 U.S.C. § 4244 and to determine appellant’s sanity at the time of the commission of the offense. In part, the motion stated that “the defendant is presently being examined by Dr. Marshall Jones and Dr. Allan Beigal as a result of a Rule 11 motion filed and granted in Pima County Superior Court, and, therefore, their findings and reports might suffice for the purposes of this motion.” The prosecution also filed a motion on October 11, 1978, expressing doubt as to appellant’s competency to stand trial and requesting that the court consider the two psychiatric reports referred to in appellant’s motion. Accordingly, on October.13,1978, a hearing was held…