Case 5:17-mj-00368-STE Document 10 Filed 08/17/17 Page 1 of 3

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
UNITED STATES OF AMERICA,
Plaintiff,
v.
JERRY DRAKE VARNELL,
Defendant.

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Case Number: M-17-368-STE

UNOPPOSED MOTION FOR HEARING TO DETERMINE
COMPETENCY OF DEFENDANT TO STAND TRIAL
AND TO ABATE ALL SCHEDULED HEARINGS
Jerry Drake Varnell, through counsel and pursuant to 18 U.S.C. § 4241(a),
moves for a hearing to determine whether he is competent to stand trial. Mr. Varnell
has a long, documented history of paranoid schizophrenia. He has been hospitalized
multiple times since he was 16 years old. Further, in 2013, Mr. Varnell was declared
incompetent by an Oklahoma state court, and his parents were appointed as his
guardians. Those orders have not been modified.
All proceedings, including the initial appearance and detention hearing, must
be stayed until it can be determined whether Mr. Varnell is competent. Due process
prohibits the trial of a defendant who lacks mental competence. Drope v. Missouri,
420 U.S. 162, 171-72 (1975). A defendant must have “sufficient present ability to
consult with his lawyer with a reasonable degree of rational understanding” and have

 Case 5:17-mj-00368-STE Document 10 Filed 08/17/17 Page 2 of 3

“a rational as well as factual understanding of the proceedings against him.” Dusky
v. United States, 362 U.S. 402, 402 (1960) (per curiam) (quotation marks omitted).
“If a defendant is incompetent, due process considerations require suspension of the
criminal trial until such time, if any, that the defendant regains the capacity to
participate in his defense and understand the proceedings against him.” Medina v.
California, 505 U.S. 437, 448 (1992).
Assistant United States Attorney Matthew B. Dillon was contacted about this
request and has no objection.
For the foregoing reasons, all proceedings against Mr. Varnell must be stayed
until it can be determined whether he is competent to stand trial.
Respectfully Submitted,

s/Terri Coulter
TERRI COULTER, OBA #11274
Attorney for Defendant,
Jerry Drake Varnell
P. O. Box 720597
Oklahoma City, Oklahoma 73172
Phone: 405-474-4900
Email: tcoulter@swbell.net

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 Case 5:17-mj-00368-STE Document 10 Filed 08/17/17 Page 3 of 3

CERTIFICATE OF SERVICE
I hereby certify that on August 17, 2017, I electronically transmitted the
attached document to the Clerk of the Court using the ECF System for filing and
transmittal of a Notice of Electronic Filing to the following ECF registrant:
Matthew B. Dillon
Assistant United States Attorney
s/Terri Coulter
TERRI COULTER, OBA #11274

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