STATE OF GEORGIA

                       * NO:

                       *

                       *

EX PARTE PETITION FOR PSYCHIATRIC EVALUATION

Comes now , Attorney for Defendant above-named, and shows the Court as follows:

1.

Defendant is indigent and without funds to pay the expenses of his/her defense, therefore the above-named attorney has been appointed to represent him/her.

2.

Defendant's attorney has reason to believe that her client is suffering from some mental disease, injury or congenital deficiency which could render client incapable of preparing a defense and standing trial.

3.

Attorney further believes client may be incapable of intelligently pleading to the merits of his/her case.

WHEREFORE, counsel prays that an order issue allowing the Defendant to be examined at the Fulton County Jail by a competent psychiatrist and that a report of such examination be submitted to the Attorney for Defendant. It is further prayed that the psychiatrist address his/her attention to the following:

(a) Whether or not Defendant is capable of understanding the nature of the charge against him/her;

(b) Whether or not Defendant understands the object of the proceedings going on against him/her;

(c) Whether or not Defendant is capable of rendering his/her attorney such assistance as a proper defense to the indictment preferred against his/her demands.

Defendant further prays that the psychiatrist be required to determine and report his/her opinion as to the Defendant's condition at the time of the alleged crime with respect to the following principles of law:

1. §16-3-2. Mental capacity; insanity. A person shall not be found guilty of a crime, if at the time of the act, omission, or negligence constituting a crime, such person did not have mental capacity to distinguish between right and wrong in relation to such act, omission, or negligence.

2. §16-3-3. Delusional compulsion. --A person shall not be found guilty of a crime when at the time of the act, omission, or negligence constituting the crime such person, because of mental disease, injury, or congenital deficiency, acted as he/she did because of a delusional compulsion as to such act which over-mastered his/her will to resist committing the crime.

3. §16-3-4. Intoxication. --A person shall not be found guilty of a crime when at the time of the act, omission, or negligence constituting the crime, such person, because of involuntary intoxication, did not have sufficient mental capacity to distinguish between right and wrong in relation to such act. Involuntary intoxication means intoxication caused by (a) consumption of a substance through excusable ignorance and (b) by coercion, fraud, artifice, or contrivance by another person. Voluntary intoxication shall not be an excuse for any criminal act or omission.

4. §16-3-5. Mistake of fact. --A person shall not be found guilty of a crime if the act or omission to act constituting the crime was induced by misapprehension of fact, which if true, would have justified the act or omission.

And for such other relief as this Honorable Court may deem mete and just.

Respectfully submitted,

____________________________

Attorney for Defendant

IN THE SUPERIOR COURT OF FULTON COUNTY

STATE OF GEORGIA

STATE OF GEORGIA       * INDICTMENT NO:

VS.                    *

                       *

EX PARTE ORDER FOR PSYCHIATRIC EVALUATION

Upon the request of Susan E. Teaster, Attorney for the Defendant in the above-styled case,

IT IS HEREBY ORDERED by the Court that the Sheriff of Fulton County permit a psychiatric evaluation by a competent psychiatrist, of the Defendant, who is presently incarcerated at the Fulton County Jail, for the purpose of determining:

(a) Whether or not Defendant was mentally competent at the time of the alleged offense.

(b) Whether Defendant is competent to counsel with his attorney to stand trial.

IT IS FURTHER ORDERED that a psychiatrist report be made available to the Attorney for the Defendant.

This, the_______day of ___________________, 2______.

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JUDGE, FULTON SUPERIOR COURT ATLANTA JUDICIAL CIRCUIT