Yes, I know this sounds ridiculous, but...

D kills his father & buries him. D confesses and is arrested. Attorney raises incompetency & insanity. D is clearly incompetent & is committed to NTSH - Vernon, where he remains incompetent. There are no indications (or expectations by experts) that he will regain competency at any time. Once competent, there's a strong likelihood that both sides would agree that he was insane at the time.

The stupid question is whether there's any way to get him to Rusk or do we just keep him in NTSH - Vernon indefinitely on the off chance he'll become competent enough for us to try him and have him found insane?

The defense attorney & I are assuming he just stays in on the competency commitment, but I told him I'd post it here in case someone else has a different strategy.

Thanks in advance.

Short answer: Sure! Think a .102 hearing. VSH has been willing recently to supply the medical certificates, so it not quite so burdensome, especially on the smaller counties. (Remember, however, that while both certificates must be by physicians, only one must be by a psychiatrist, if a psychiatrist is available in the county; the other could be by a proctologist.)

A 46B.102 hearing would require annual renewals, but so would a 46C.256 after the 1st 180 days.

If, inexplicably, the def regained competence, then you could go forward.

As to whether Rusk or Vernon - you don't make that decision. As this charge involved an act, attempt or threat of SBI, the def will be presented to the Dangerousness Review Board who will decide on the level of care (i.e. facility) in which he is to be receive care.

Back channel or call me if you have any questions

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Remember, however, that while both certificates must be by physicians, only one must be by a psychiatrist, if a psychiatrist is available in the county; the other could be by a proctologist.

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Oh, you've met people with heads up their butts, too?

In my elderly condition of life, I would never be so indelicate. However, I have been reviewing some competency reports which seem, carefully put, to strain the limits of credulity. But, that having been said, you have heard of the psychiatrist and proctologist who go into practice together and one (somewhat nicer) version of their shingle reads, "Odds & Ends...", the other begins with "Nuts &..."