DOCUMENT 10

ELECTRONICALLY FILED
2/13/2022 9:16 PM
28-DC-2022-000350.00
DISTRICT COURT OF
DeKALB COUNTY, ALABAMA
TODD GREESON, CLERK
STATE OF ALABAMA, * IN THE CIRCUIT COURT OF
* DEKALB COUNTY, ALABAMA
v. *
*
CODY REGISTER, * Case Nos. DC-2022-350
Defendant. *

MOTION FOR COURT-ORDERED MENTAL

EVALUATION OF DEFENDANT

TO THE HONORABLE SHAUNATHAN BELL, PRESIDING CIRCUIT COURT JUDGE:

Comes now the Defendant, by and through his attorney of record, and pursuant

to Rule 11 of the Alabama Rules of Criminal Procedure requests this Honorable Court

issue an order for a mental evaluation of the Defendant. In support of this motion, the

Defendant states, avers and pleads the following:

1. The Defendant was arrested on or about February 8, 2022, and charged

with murder.

2. The Defendant is unable to make bond at this time and remains in the

DeKalb County Detention Center.

3. Pursuant to Rule 15 of the Alabama Rules of Criminal Procedure, the

Defendant would plead in the above-styled case that he is not guilty and not guilty by

reason of mental disease or defect.

4. Furthermore, pursuant to Rule 11.2(a)(2), the Defendant requests this

Court to issue an order for a mental examination of the Defendant to determine the

mental capacity of the Defendant at the time of the alleged offenses in the above-styled
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case and the present mental condition of the Defendant and his competency to stand

trial.

5. The following facts are offered in support of this motion:

A. The Defendant is currently under a suicide watch.

B. The Defendant exhibits severe delusions and hallucinations that prevent

him from being able to communicate with counsel. For example, the

Defendant alleges that he has been “human trafficked,” has multiple

mothers, and every other statement from the Defendant involves some

reference to slavery. The Defendant is extremely agitated and believes

the undersigned attorney is working for one of his mothers because the

undersigned was wearing a green sweatshirt during the video meeting.

The Defendant is completely unable to provide any meaningful

information, including the names of relatives or a personal history, to the

undersigned. By way of example, when asked where he went to high

school, the Defendantʼs response is “Your momʼs, motherfucker.” The

Defendant is constantly moving and appears to be looking at people who

arenʼt there.

6. Although the Defendantʼs charges are still pending in the DeKalb District

Court and he has not yet been indicted, the Defendant finds support of said request for

a mental evaluation in Jones v. State, 43 So. 3d 1258, 1280 (Ala. Crim. App. 2007).

The Alabama Court of Criminal Appeals held that even though a defendant has not

been indicted, a circuit court can issue an order for a mental evaluation under Rule
 DOCUMENT 10

11.2(a)(2) of the Alabama Rules of Criminal Procedure once a defendant has timely

raised the issue of not guilty by reason of mental disease or defect. The Court of

Criminal Appeals pointed out that rule 11.2(a)(1) applies to a defendant before the

circuit court, but rule 11.2(a)(2) does not, and therefore a circuit court has jurisdiction to

order a mental evaluation in such a case. Id.

7. The Committee Comments to Rule 11.2 of the Alabama Rules of Criminal

Procedure states “Those defendants as to whom the circuit court has jurisdiction to

determine competency to stand trial include…a defendant charged with a felony within

the courtʼs jurisdiction.” As such, this Court has the authority to order a competency

evaluation for the Defendant.

8. The Defendant demands a trial by jury on all issues and reserves all other

rights he may have under the law.

WHEREFORE PREMISES CONSIDERED, the Defendant asks this honorable

court to (1) issue an order requiring an investigation into the mental capacity of the

Defendant, (2) order that the Defendant be transferred from the DeKalb County Jail to a

state hospital for treatment, and (3) grant any such further relief this court deems

appropriate.

Respectfully submitted,

/s/ Matthew Green (GRE116)

________________________
Attorney for the Defendant
PO Box 680952
Fort Payne, AL 35968
(256) 844-6995
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Certificate of Service

I certify that a copy of this motion was delivered to the District Attorneyʼs Office

via electronic filing.

/s/ Matthew Green

________________________
Attorney for the Defendant