United States v. Roach, 590 F.2d 181 

U.S. Court of Appeals for the Fifth Circuit

1979

Chapter

4

Title

Evidence A Contemporary Approach

Page

72

Topic

Qualifications of a Fact Witness

Quick Notes

         It is doubtful that mental incompetence would even be grounds for disqualification of a prospective witness. 

         Rule 601, Provides that "(e)very person is competent to be a witness except as otherwise provided in these rules," and nowhere is mental competence mentioned as a possible exception.

Book Name

Evidence: A Contemporary Approach.  Sydney Beckman, Susan Crump, Fred Galves.  ISBN:  978-0-314-19105-2.

Issue

o         Whether a person mental incompetence would  be grounds for disqualification?  No, because of Rule 601.

Procedure

Trial

o         Defendant convicted of bank robbery by force and carrying a firearm during commission of a felony

Appellate

o         Accepting, as we must, the jury's judgment as to her credibility, we find this more than enough to support the verdict against Roach.

Facts

Discussion

Key Phrases

Rules

Pl United States

Df

Procedural History

o         Appeal from the United States District Court for the Northern District of Georgia.

o         Defendant contended that he had been prejudiced by the absence of counsel at the preliminary hearing and by the fact that no transcript of the proceeding was available.

Description

o         The evidence tended to establish that Roach and Stewart, wearing masks and carrying guns, robbed a bank in Dallas, Georgia.

Dye Bag was swallowed

o         Bank personnel soon discovered that the robbers had swallowed not only the worm but the hook: a security package containing a dye bomb designed to emit a red, tear-gas-like substance within minutes after removal. .

Brenda Stewarts Girlfriend

o         Brenda Jackson, Stewart's girlfriend, testified that Roach and Stewart had robbed the bank and that she was driving the getaway car when the dye bomb exploded, making it difficult for them to see.

o         Roach switched places with Jackson and began driving.

o         Stewart threw the shotgun out of the car and, after a bit, fled with the stolen money.

Sheriff

o         Stopped car

o         Noticed the large red stain in the car.

o         Roach and Jackson were arrested.

o         FBI determined the stains to be the same chemical used in the bank.

Brendas Psychiatric Examination

o         Three month before the trial she had an exam.

o         She was found to have used drugs intermittently.

o         Judge said she was competent to stand trial.

Roach Argument

o         Roach complains that these procedures were insufficient guarantees of a fair trial.

o         Another psychiatric examination should have been ordered;

o         Experts should have testified;

o         The judge should have personally questioned Jackson since Rule 104 of the Federal Rules of Evidence requires him to decide preliminary questions regarding the "qualification of a person to be a witness . . . or the admissibility of evidence."

Court Necessity of a psychiatric examination

o         The district court has broad discretion in determining whether to order such examinations.

o         There can be no serious claim of abuse of discretion, since there was an earlier examination and there was a preliminary hearing.

Court Mental Incompetence

o         It is doubtful that mental incompetence would even be grounds for disqualification of a prospective witness.

Rule 601

o         Provides that "(e)very person is competent to be a witness except as otherwise provided in these rules," and nowhere is mental competence mentioned as a possible exception.

Notes of the House Committee

o         One effect of Rule 601 is to abolish mental capacity as a ground for rendering a person incompetent as a witness.

Notes of the Advisory Committee

o          The question of capacity was one "particularly suited to the jury as one of weight and credibility, subject to judicial authority to review the sufficiency of the evidence."

Courts Summary

o         For preliminary determination, the court does not need to order psychiatric examinations or competency hearings of witnesses.

o         The Df should be allowed to impeach his or her perceptions and recollections.

o         The preliminary hearing into Jacksons competence is added ground for affirming the jurys verdict rather than a reason to set it aside.

Rules

Rule 601. General Rule of Competency

o    Every person is competent to be a witness except as otherwise provided in these rules. However, in civil actions and proceedings, with respect to an element of a claim or defense as to which State law supplies the rule of decision, the competency of a witness shall be determined in accordance with State law.

Class Notes