PATEL
v.
DIXON
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The court held that a lone affidavit from a psychiatrist hired for post-hoc review is insufficient to create clear and convincing evidence of a substantial doubt as to competency to stand trial.
Petitioner objected to the Magistrate Judge's recommendation to deny his substantive incompetency claim without an evidentiary hearing. The Magistrate…
The full statement of facts, procedural history, and disposition for this case are member content.
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This Court has considered, without hearing, the Magistrate Judge’s Report and Recommendation, ECF No. 24, and has also reviewed de novo Petitioner’s objections to the report and recommendation, ECF No. 26. Specifically, Petitioner objects to the Magistrate Judge’s recommendation that his substantive incompetency claim be denied without an evidentiary hearing. This argument fails. Petitioner’s argument about the impropriety of weighing evidence prior to an evidentiary hearing is well-taken. However, the well-reasoned report and recommendation notes that Petitioner’s proffer consists of a lone affidavit from a psychiatrist hired to perform a post-hoc review of Petitioner’s competency at the time of trial. See ECF No. 24 at 18. Setting aside the potential speculation on the proffer, it still falls short of showing “clear and convincing evidence creating a real, substantial and legitimate doubt as to his competence to stand trial.” See id. at 17, 20–21 (quoting Medina v. Singletary, 59 F. 3d 1095, 1106 (11th Cir. 1995)). This Court agrees. The psychiatrist’s lone affidavit, without more,1 does not “ ‘positively, unequivocally, and clearly’ generate
doubt” as to Petitioner’s competence to stand trial. See Medina, 59 F. 3d at 1106. Accordingly, IT IS ORDERED: The report and recommendation is accepted and adopted, over Petitioner’s
objections, as this Court’s opinion. The Clerk shall enter judgment stating, “The amended petition for writ of habeas corpus, ECF No. 16, is DENIED.” The Clerk shall also close the file. SO ORDERED on November 21, 2022.
s/Mark E. Walker ____ Chief United States District Judge
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Citator
Authorities Cited
- Davidson J. James v. Singletary, 957 F.2d 1562 (11th Cir. 1992)
- Medina v. Singletary, 59 F.3d 1095 (11th Cir. 1995)