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An unvacated adjudication of incompetency requires a burden shift to the state to prove that the def is competent.

Does anybody have a cite handy to support the notion that the above principle (Manning, Bradford, et al) applies only to the instant case? That is, if such a determination exists and a def is later charged with another offense, subsequent to the determination discussed, would the burden shift then as well in that new case? I would like to argue "no." But perhaps I'm wrong..

[This message was edited by Floyd L. Jennings on 06-25-08 at .]
 
Posts: 264 | Location: Houston, TX | Registered: January 17, 2005Reply With QuoteReport This Post
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did you ever get an answer to this? We have this situation now and I can't find anything on subsequent offenses.
 
Posts: 24 | Location: Crockett,Texas | Registered: April 02, 2007Reply With QuoteReport This Post
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TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Unvacated adjudication of incompetency

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