Vernida R. Ohlhaver Case Summary

COMES NOW the Defendant, Richard John Ohlhaver, by and through counsel, Vernida R. Chaney, and moves this Honorable Court for entry of an order authorizing a competency evaluation pursuant to 18 U.S.C. §4241. In support of this motion, the following is submitted:
1. Mr. Ohlhaver is charged with Conspiracy to Commit Theft, 18 U.S.C.§ 371; Theft of Government Property, 18 U.S.C. § 641; Concealment of Event Affecting Right to a Title II Benefit, 42 U.S.C. § 408; Access Device Fraud, 18 U.S.C. § 1029(a)(2); and False Statement for use in Determining Right to Title II Benefit Payment, 18 U.S.C. § 408(a)(3).
2. If convicted of the charged offenses, Mr. Ohlhaver faces a maximum sentence of 35 years of imprisonment.
3. Mr. Ohlhaver is 61 years old and suffers from paralysis and neurological damage as a result of a severe stroke. He is currently under the care and supervision of Dr. V. Sharma, a broad …show more content…
8. Mr. Ohlhaver appears to be suffering from a mental disease or defect or other mental condition. This mental disease or defect potentially renders Mr. Ohlhaver mentally incompetent to the extent that he is unable to rationally understand the nature and consequences of the proceeding against him, or unable to assist properly in his defense. Dusky v. United States, 362 U.S. 402, 402 (1960).
9. Under the “reasonable cause” standard of 18 U.S.C. § 4142(a), the court should order a competency evaluation anytime there is “reasonable cause” to believe the defendant may be incompetent to proceed.
10. Accordingly, Mr. Ohlhaver requests that the Court order a competency

evaluation and such evaluation be performed on an outpatient basis by a licensed clinical psychologist given Mr. Ohlhaver’s bond status.
WHEREFORE, defendant, Richard Ohlhaver, through counsel, respectfully requests this Honorable Court order that a licensed clinical psychologist be appointed to evaluate Mr. Ohlhaver’s competency on an outpatient basis and set a status