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Position That Mr. Kelley Is Competent to Proceed — No. 3:22-cr-00035 (Dkt. 26, E.D. Va.)

Summary

A Position That Mr. Kelley Is Competent to Proceed, filed August 4, 2022 as Document 26 (2 pages) in United States v. Kortney Thomas Kelley, Case No. 3:22cr35, in the U.S. District Court for the Eastern District of Virginia, Richmond Division, by counsel from the Office of the Federal Public Defender. Counsel states that she has reviewed the Court-Ordered Competency Evaluation completed and dated July 18, 2022 by Dr. Evan Nelson, who found that Kelley had a rational and factual understanding of a trial and the capacity to assist counsel. Counsel agrees with that assessment and notes the defense has no competing evaluation, and asks the Court to find him competent to proceed to trial at the hearing set for September 6, 2022.

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Cite this document

“Position That Mr. Kelley Is Competent to Proceed — No. 3:22-cr-00035 (Dkt. 26, E.D. Va.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/position-that-mr-kelley-is-competent-to-proceed-no-3-22-cr-00035-dkt-2-78a9a81f3a/, SHA-256 c8180ef09173471ea1f30a03611662bf31288cb18673d7fb95722dbec8eb8fe9.

Full text

     Case 3:22-cr-00035-DJN Document 26 Filed 08/04/22 Page 1 of 2 PageID# 99




                          IN THE UNITED STATES DISTRICT COURT
                          FOR THE EASTERN DISTRICT OF VIRGINIA
                                     Richmond Division

UNITED STATES OF AMERICA                          )
                                                  )
v.                                                )       Case No. 3:22cr35
                                                  )
KORTNEY THOMAS KELLEY,                            )
         Defendant                                )


               POSITION THAT MR. KELLEY IS COMPETENT TO PROCEED

          Undersigned counsel files the following position asserting that Mr. Kelley is competent to

proceed to trial in this matter. In support of that position, undersigned counsel states the following:

      1. Undersigned counsel has reviewed a copy of the “Court-Ordered Competency Evaluation”

          that Dr. Evan Nelson completed and dated July 18, 2022 1. In that report, after meeting

          with Mr. Kelley and reviewing pertinent records, Dr. Nelson found that Mr. Kelley

          “possessed a rational and adequately factual understanding of a trial and the roles of

          courtroom personnel and possessed the capacity to assist counsel in preparing a defense.”

          Thus, Dr. Nelson has opined that Mr. Kelley is competent to proceed to trial.

      2. That is also undersigned counsel’s assessment of Mr. Kelley. Mr. Kelley has improved

          significantly with the help of consistent medical care and appropriate treatment and also

          stable housing. Undersigned counsel’s position is that Mr. Kelley is able to consult her

          with a reasonable degree of rational understanding and has a rational as well as factual

          understanding of the proceedings against him. See, e.g., Dusky v. United States, 362 U.S.

          402, 402 (1960) (observing that the “test must be whether he has sufficient present ability




1
    The defense does not have a competing competency evaluation to offer to the Court.

                                                      1
  Case 3:22-cr-00035-DJN Document 26 Filed 08/04/22 Page 2 of 2 PageID# 100




       to consult with his lawyer with a reasonable degree of rational understanding—and whether

       he has a rational as well as factual understanding of the proceedings against him.”).

Thus, undersigned counsel asks the Court to find at the hearing set on September 6, 2022, that Mr.

Kelley is competent to proceed to trial.

                                                    Respectfully submitted,
                                                    KORTNEY THOMAS KELLEY

                                             By:    ___________/s/____________
                                                    Laura Koenig
                                                    Va. Bar No. 86840
                                                    Counsel for Defendant
                                                    Office of the Federal Public Defender
                                                    701 E Broad Street, Suite 3600
                                                    Richmond, VA 23219-1884
                                                    Ph. (804) 565-0881
                                                    Fax (804) 648-5033
                                                    laura koenig@fd.org




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