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    This document summarizes a United States Court of Appeals case from 2007. It discusses how Charles Barefoot appealed a district court order finding that there was reasonable cause to believe he was mentally incompetent to stand trial. The appeals court dismissed the appeal as moot because Barefoot had already been remanded for a competency exam. As the February 2007 order was no longer relevant given subsequent proceedings, there was no live controversy to rule on. The appeals court also denied Barefoot's motions to seal all future filings and for oral argument.

    Original Description:

    Filed: 2009-06-15 Precedential Status: Non-Precedential Docket: 07-6431

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    This document summarizes a United States Court of Appeals case from 2007. It discusses how Charles Barefoot appealed a district court order finding that there was reasonable cause to believe he was mentally incompetent to stand trial. The appeals court dismissed the appeal as moot because Barefoot had already been remanded for a competency exam. As the February 2007 order was no longer relevant given subsequent proceedings, there was no live controversy to rule on. The appeals court also denied Barefoot's motions to seal all future filings and for oral argument.

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    Public Domain
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    2 views3 pages

    United States v. Barefoot, 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case from 2007. It discusses how Charles Barefoot appealed a district court order finding that there was reasonable cause to believe he was mentally incompetent to stand trial. The appeals court dismissed the appeal as moot because Barefoot had already been remanded for a competency exam. As the February 2007 order was no longer relevant given subsequent proceedings, there was no live controversy to rule on. The appeals court also denied Barefoot's motions to seal all future filings and for oral argument.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-6431

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    CHARLES ROBERT BAREFOOT, JR.,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Terrence W. Boyle,
    District Judge. (5:05-cr-00166-BO)

    Submitted:

    May 7, 2009

    Decided:

    June 15, 2009

    Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Charles Robert Barefoot, Jr., Appellant Pro Se.


    Rudolf A.
    Renfer, Jr., Assistant United States Attorney, Raleigh, North
    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Charles Robert Barefoot, Jr., appeals from a February
    21, 2007 district court order finding, pursuant to 18 U.S.C.
    4241

    (2006),

    that

    there

    was

    reasonable

    cause

    to

    believe

    Barefoot was suffering from a mental disease or defect rendering


    him mentally incompetent to stand trial.

    The court directed

    Barefoot be remanded to the custody of the Attorney General for


    a period not to exceed thirty days so that a mental competency
    exam might be conducted and a report filed with the court.

    We

    dismiss the appeal because it is moot.


    Barefoot was remanded to the custody of the Attorney
    General and found incompetent.

    The district court subsequently

    ordered that he be involuntarily medicated in order to restore


    his competency.
    is

    pending

    district

    in

    court.

    His counsel appealed that order and the appeal


    this

    court

    Because

    and

    the

    the

    proceedings

    February

    longer live, the appeal is moot.

    21,

    stayed

    2007

    order

    in
    is

    the
    no

    See Doe v. Kidd, 501 F.3d 348,

    354 (4th Cir. 2007) (defining mootness), cert. denied, 128 S.


    Ct. 1483 (2008).
    Accordingly, we dismiss the appeal as moot and deny
    Barefoots motion that all of his future filings in this appeal
    be sealed.

    We also deny his motion for oral argument because

    the facts and legal contentions are adequately presented in the

    materials

    before

    the

    court

    and

    argument

    would

    not

    aid

    the

    decisional process.
    DISMISSED

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