United States Fourth Circuit

Fed. R. Crim. P. 12.2(c) did not prohibit the government from introducing psychiatric testimony to rebut defendant's defense that he was more susceptible to entrapment than the average person due to a head injury. Defendant's Fifth Amendment rights were not violated because he essentially waived his right against self-incrimination by raising a mental status defense and offering psychiatric testimony.

Appellate Information

• Decided 05/07/2003
• Published 05/07/2003

Judges

• Before WIDENER and LUTTIG, Circuit Judges, and BEAM, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED: Elgine Heceta McArdle, McArdle Law Offices, Wheeling, West Virginia, for Appellant.  Robert H. McWilliams, Jr., Assistant United States Attorney, Wheeling, West Virginia, for Appellee. ON BRIEF: Thomas E. Johnston, United States Attorney, David J. Perri, Assistant United States Attorney, Wheeling, West Virginia, for Appellee.