DOCUMENT 162

ELECTRONICALLY FILED
9/26/2016 10:47 AM
37-CC-2015-000194.00
CIRCUIT COURT OF
HENRY COUNTY, ALABAMA
SHIRLENE B. VICKERS, CLERK
IN THE CIRCUIT COURT OF HENRY COUNTY, ALABAMA

STATE OF ALABAMA )
)
V. ) Case No.: CC-2015-000194.00
)
CUNNINGHAM HERMAN JR )
Defendant. )

Psychological Order

ORDER FOR PSYCOLOGICAL EVALUATION AND TO RE-EVALUATE

AND
ORDER APPOINTING EXAMINING PSYCHOLOGIST

The above named Defendant is presently incarcerated in the Henry County Jail,
having been charged with capital murder
.
Whereas the Defendant, through his attorney, has filed notice pursuant to Rule 15,
Alabama Rules of Criminal Procedure of his intent to pursue pleas of “not guilty” and
“not guilty by reason of mental disease or defect,”

IT IS HEREBY ORDERED that:

1. A psychologist employed and appointed by the Commissioner of the

Department of Mental Health and Mental Retardation examine the Defendant
at state expense on an inpatient basis.
2. Said psychologist is to evaluate the Defendant without regard to any previous
evaluation previously conducted in whole or in part by Dr. Karl Kirkland.
3. The District Attorney shall make available to said psychiatrist or psychologist
information concerning the nature and circumstances of the offense charged, as
well as the prior criminal history of the Defendant. The defense attorney shall
provided such information as may be in his possession as may assist the
examining psychiatrist or psychologist in the evaluation of the defendant’s
mental condition, including records or prior psychological or psychiatric
treatment; all information provided to the psychiatrist of psychologist shall be
protected from discovery according to Rule 16, Alabama Rules of Criminal
Procedure.
4. The Defendant shall undergo examination by said psychiatrist or psychologist
to reconstruct a clinical picture of his mental state at the time of the alleged
crime.
5. Upon completion of the examination, the examining psychiatrist or
 DOCUMENT 162

psychologist shall submit to the Court a written report advising whether: (a) at
the time of the offense the Defendant was suffering from symptoms of mental
disease or defect, mental retardation, or other psychiatric disorder; and (b) at
the time of the offense such symptoms as are determined to have been present
contributed to the alleged commission of this offense.
6. The Defendant shall undergo examination by above-referenced psychiatrist or
psychologist to determine the Defendant’s competency to stand trial.
7. The Defendant shall undergo examination to by above-referenced psychologist
to determine his capacity to understand Miranda warnings.
8. The Defendant shall undergo examination to by above-referenced psychologist
to determine whether the Defendant suffers from intellectual disability.
9. That the examining psychiatrist or psychologist submit to the Court a written
report as to the Defendant’s present mental condition as related to his ability to
understand the nature and object of the proceedings against him and his ability
to assist in his defense in a reasonable and rational manner, and if it his
opinion that the Defendant is mentally incompetent, the report shall include the
professional’s opinion of:
a. The condition causing the Defendant’s incompetence, and where a mental
disease or defect is the cause of the incompetence, the nature thereof:
b. The treatment required for the Defendant to attain competency;
c. The most appropriate form and place of treatment in view of the
Defendant’s therapeutic needs and potential danger to himself or others
and an explanation of appropriate treatment alternatives:
d. The likelihood of the Defendant’s attaining competency under treatment
and the probable duration of the treatment;
e. The availability of the various types of treatment in the local area,
specifying the agencies of the settings in which the treatment might be
obtained and whether the treatment is available on an outpatient basis.
10. The examining psychiatrist or psychologist shall provide a copy of his report
to the Defendant’s attorney and the District Attorney in compliance with Rule
11.5(a), Alabama Rules of Criminal Procedure.
11. Criminal proceedings against the Defendant are hereby suspended until such
time as it is determined that the Defendant is mentally competent to stand trial.

DONE this 26th day of September, 2016.

/s/ LARRY K ANDERSON

CIRCUIT JUDGE