DOCUMENT 55

ELECTRONICALLY FILED
7/6/2016 3:42 PM
37-CC-2015-000194.00
CIRCUIT COURT OF
HENRY COUNTY, ALABAMA
SHIRLENE B. VICKERS, CLERK
STATE OF ALABAMA, | IN THE CIRCUIT COURT OF
PLAINTIFF, | HOUSTON COUNTY, ALABAMA
|
v. | CC 15-194
|
HERMAN CUNNINGHAM, |
DEFENDANT. |

MOTION FOR PSYCHOLOGICAL EVALUATION/EXAMINATION TO

DETERMINE WHETHER THE DEFEDANT SUFFERS FROM INTELLECTUAL
DISABILITY

COMES NOW, the defendant by and through the undersigned counsel and moves this
Honorable Court to order a psychological evaluation/examination to determine whether
he is intellectually disabled under Adkins v. Virginia, 536 U.S. 304 (2002), and as
grounds therefore, asserts the following:

1. Dr. Karl Kirkland has already examined the Defendant for determining the
mental state at the time of the alleged offense and competence to stand trial.
2. In Dr. Kirkland’s report he states, “IQ assessment reveals marginal intellectual
functioning. He reads on a 3rd grade level. He may very well be functioning
in the upper ranges of mild intellectual disability. These results reveal that
an Atkins evaluation may need to be considered by the Court.”
3. Because these are capital murder cases, all necessary measures must be taken
to ensure that the Defendant receives a fair trial.

Respectfully submitted this 6th day of July 2016.

/S/ Eric C. Davis (DAV 096)

Eric C. Davis, LLC
Post Office Box 1103
Dothan, Alabama 36302
(334) 671-7169

Certificate of Service
I hereby certify that I have served a copy of this motion on Douglas Albert Valeska,
District Attorney for the 20th Judicial Circuit, by e-filing on the date above.

/S/ Eric C. Davis