NMCCA decision setting aside

United States v. Sezginalp:

There is an interesting appellate procedural history.  The court intially denied various efforts to have a post-trial R.C.M. 706 evaluation.  But, the court did sua sponte reconsider the denial and did order a new R.C.M. 706 examination.

On 6 January 2010, the ordered R.C.M. 706 evaluation report was released. The evaluation found that during all relevant time periods, the appellant suffered from Schizophrenia (paranoid type), a severe mental disease, but that at the time of his offenses, the appellant was able to appreciate the nature and quality of his actions. The report, however, concluded that at the time of his trial, the appellant’s mental disease rendered him unable to understand the nature of the proceedings against him or to cooperate intelligently in his defense.

In view of the 6 January 2010, R.C.M. 706 competency report, we find a substantial basis in law and fact to question the knowing and voluntary nature of the appellant’s guilty pleas. In
view of our determination above, the appellant’s remaining assignments of error are moot.

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