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IN RE NEWCHURCH

No. 86-3633.

807 F.2d 404 (1986)

In re John David NEWCHURCH, Petitioner.

United States Court of Appeals, Fifth Circuit.

December 18, 1986.

Attorney(s) appearing for the Case

James E. Boren, Anthony M. Bertucci, Baton Rouge, La., for appellant.

Keith B. Nordyke, Baton Rouge, La., for amicus — National Assoc. Crim. Lwyrs.

Rebecca Hudsmith, Shreveport, La., for amicus — La. Assoc. Crim. Lwyrs.

Joyce Hebert, U.S. Marshal's Office, Baton Rouge, La., for other interested party — U.S. Marshal.

Ezra H. Friedman, U.S. Dept. of Justice, Washington, D.C., Ian F. Hipwell, Asst. U.S. Atty., Frank J. Polozola, U.S. Dist. Judge, Baton Rouge, La., for appellee.

Before RUBIN, RANDALL, and HIGGINBOTHAM, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The issue is whether a defendant in a criminal case who, pursuant to Federal Rule of Criminal Procedure 12.2(a), notifies the government that he plans to plead that, although now mentally competent, he was insane at the time of the charged offense, may be committed to a federal penal institution for a mental examination without a finding that such commitment is necessary in order to enable the government properly to prepare for trial...

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