DOCUMENT 154

ELECTRONICALLY FILED
9/19/2016 3:48 PM
37-CC-2015-000194.00
CIRCUIT COURT OF
HENRY COUNTY, ALABAMA
SHIRLENE B. VICKERS, CLERK
STATE OF ALABAMA, | IN THE CIRCUIT COURT OF
Plaintiff, | HENRY COUNTY, ALABAMA
|
v. | CC 15-194
|
HERMAN CUNNINGHAM, |
Defendant. |

MOTION FOR COMPLETE RE-EVALUATION OF DEFENDANT

COMES NOW, Herman Cunningham, by and through undersigned counsel, and moves
this Honorable Court to continue the above-referenced cases and as grounds therefore,
asserts the following:

1. This is a capital murder case.

2. Mr. Cunningham suffers from mental illness.
3. The forensic psychological evaluation by Dr. Karl Kirkland dated January 4,
2016, while finding Mr. Cunningham competent to stand trial states in pertinent
part: “IQ assessment reveals marginal intellectual function. He reads on a 3rd
grade level. He may very well be functioning in the upper ranges of mild
intellectual impairment. These results reveal that an Atkins Evaluation may be
need to be considered by the Court.”
4. Dr. Kirkland is on extended personal leave from his practice due to his arrest on
Drug charges in Montgomery County.
5. According to the Defense expert and personnel at Taylor Hardin, a question has
arisen as to whether Dr. Kirkland actually did a competency to stand trial
evaluation.
6. The aforementioned Atkins Evaluation has not been done, and the need to have
Mr. Cunningham completely re-evaluated is before us.
7. It is the Defendant’s position that Dr. Kirkland’s credibility has been severely
diminished by his arrest on drug charges. Up to this point he has done all the
evaluations of Mr. Cunningham.
8. As such, it is the best interest of justice that Mr. Cunningham be re-evaluated for
his mental state at the time of the offense, competency to stand trial, his ability to
understand Miranda, and for intellectual disability by a competent forensic
psychologist appointed by the Department of Mental Health.

WHEREFORE, the Defendant requests that his motion be granted.

Respectfully submitted the 19th day of September 2016.

/S/ Eric C. Davis (DAV 096)

Eric C. Davis, LLC
Post Office Box 1103
Dothan, Alabama 36302
 DOCUMENT 154

(334) 671-7169

Certificate of Service
I hereby certify that I have served a copy of this motion on the District Attorney for the
20th Judicial Circuit by placing e-filing this date.

/S/ Eric C. Davis