Free Motion to Appoint Expert - District Court of Arizona - Arizona

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Joanne F. Landfair, Esq. 331 North First Avenue Suite 106A Phoenix, AZ 85003-4528 (602) 452-2945, fax (602) 452-2997 [email protected] Arizona State Bar # 009173 Attorney for Defendant

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

) ) Plaintiff, ) ) v. ) ) JOSE MARTIN PEÑA, ) ) Defendant. ) __________________________________)

UNITED STATES OF AMERICA,

No.CR-03-873-1-PHX-PGR MOTION FOR PSYCHOLOGIST

COMES NOW the defendant Jose Martin Peña, by and through his attorney undersigned, and hereby requests that the court appoint Dr. Marc Walter, Ph.D., 7220 N. Sixteenth St., Suite G, Phoenix, Arizona 85020 (602-944-0480), to evaluate the defendant pursuant to 18 U.S.C. § 4241-4247. Defense counsel makes this request because her conversations with the defendant and his sisters, the defendant's behavior, and the defendant's history cause counsel to question the defendant's ability to fully understand the nature and consequences of the proceedings against him and his ability to assist properly in his defense. Dr. Walter's hourly rate is $180.00. Counsel requests that payment up to $1600.00

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be authorized.
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AUSA Paul Rood has no objection to this motion.
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Excludable delay under 18 U.S.C. § 3161(h)_____ will occur as a result of this
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motion or an order based thereon.
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RESPECTFULLY SUBMITTED this 12th day of September, 2005.
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____________s/_______________ Joanne F. Landfair Attorney for Defendant

CERTIFICATE OF SERVICE
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I hereby certify that on September 12, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: AUSA Paul Rood By: s/ .

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Peña-req for psy

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