TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Unvacated adjudication of incompetency
Go
New
Find
Notify
Tools
Reply
  
Unvacated adjudication of incompetency Login/Join 
Member
posted
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
Member
posted Hide Post
did you ever get an answer to this? We have this situation now and I can't find anything on subsequent offenses.
 
Posts: 38 | Location: Crockett,Texas | Registered: April 02, 2007Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Unvacated adjudication of incompetency

© TDCAA, 2001. All Rights Reserved.