FSM 13 Intrm. 214-215

KOSRAE STATE COURT TRIAL DIVISION

Cite as Kosrae v. Charley,13 FSM Intrm. 214 (Kos. S. Ct. Tr. 2005)

STATE OF KOSRAE,

Plaintiff,

vs.

HARRY M. CHARLEY,

Defendant.

CRIMINAL CASE NO. 14-05

ORDER ON EXPERT WITNESS: DR. RENEAU KENNEDY

Aliksa B. Aliksa
Associate Justice

Decided: April 21, 2005

APPEARANCES:

For the Plaintiff:              J.D. Lee, Esq.
                                       Acting Attorney General
                                       Office of the Kosrae Attorney General
                                       P.O. Box 870
                                       Tofol, Kosrae FM 96944

For the Defendants:       Harry A. Seymour, Esq.
                                       Office of the Public Defender
                                       P.O. Box 245
                                       Tofol, Kosrae FM 96944

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HEADNOTES

Criminal Law and Procedure – Insanity; Evidence – Expert Opinion

The court may appoint an expert witness to assist both the state and the defendant in evaluating a criminal defendant's mental condition. Kosrae v. Charley, 13 FSM Intrm. 214, 215 (Kos. S. Ct. Tr. 2005).

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COURT'S OPINION

ALIKSA B. ALIKSA, Associate Justice:

Plaintiff filed a Motion for Court Appointed Expert on April 13, 2005. Defendant filed an Opposition to the Motion. The Motion was heard on April 20, 2005. J.D. Lee, Acting Attorney General, appeared for the Plaintiff. Defendant was represented by Harry Seymour, Public Defender. Dr. Kennedy testified at the hearing.

[13 FSM Intrm. 215]

Plaintiff seeks to have a Dr. Reneau Kennedy appointed as a Court Appointed Expert pursuant to Kos. Evid. R. 706, which allows for the court to appoint expert witnesses. Dr. Kennedy is currently present on Kosrae, pursuant to arrangements made by the Defendant, through the FSM National Government, Department of Health, Education and Social Affairs.

Dr. Kennedy testified that she was retained for the purpose of conducting an evaluation of the Defendant's mental health and mental condition. Since her arrival on Kosrae, Dr. Kennedy has been provided assistance by both the State and the Defendant. Following Dr. Kennedy's testimony, at the hearing, the Defendant agreed to provide the State access to Dr. Kennedy for the purpose of psychiatric evaluation of the Defendant. Accordingly, Dr. Kennedy shall be available to assist both parties during her stay in Kosrae, regarding the psychiatric evaluation and opinion of the Defendant's mental state or mental condition. All written reports completed by Dr. Kennedy regarding her evaluation and opinion of the Defendant's mental state or mental condition shall be provided to both parties at the same time.

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