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I have an aggravated assault case where the court's appointed expert has found the defendant insane at the time of the offense. We are not going to contest the ruling. So, has anyone waived a jury under the new law 46C and raised the issue to the judge?

If yes, do you have (1) an Order finding not guilty by reason of insanity with a determination of dangerous conduct and (2) an Order for commitment for evaluation and treatment Art. 46C.251.

Thank you.
 
Posts: 66 | Location: New Braunfels, Texas, USA | Registered: October 04, 2001Reply With QuoteReport This Post
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Buy TDCAA's Book on Mental Defenses. Forms included.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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I have the book. It is great and I refer to it often. But a form insanity determined by the bench judgment is not in it or on the disk. It I am wrong, please tell me which page it is on.
 
Posts: 66 | Location: New Braunfels, Texas, USA | Registered: October 04, 2001Reply With QuoteReport This Post
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Allison -- talk to the folks in Collin County who just did Deanna Laney. While they didn't come right out and agree that she was insane, they went to the judge after the jury hung. Glad you have the book, and sorry that particular form isn't in it. I guess it's still a pretty rare occurance, though. I'd be interested in what paperwork you come up with, and maybe we can add it to the next edition.
 
Posts: 514 | Location: austin, tx, usa | Registered: July 02, 2001Reply With QuoteReport This Post
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My question pertains to Articles 46C.160 and 46C.251. 46C.160 states that the court may order the defendant detained for a period not to exceed 14 days pending further proceedings. 46C.251 states the court shall order the defendant committed for evaluation and a disposition hearing must be held not later than the 30th day after the date of acquittal.

So, the court's judgment ordered the defendant detained for not more than 14 days and transported to North Texas State Hospital (not formal name) for evaluation. The sheriff's department called the hospital and was told the earliest bed date is in September. Well, that blows the 14 day and 30 day deadline written in the statute.

I do not think the defendant or his attorney is going to complain but What do I do now. The statute states a proper disposition hearing must be held not later than 30 days and the hospital will not even see the defendant to start an evaluation for 3 months. Does the hospital win over the statute and the parties just wait until September?
 
Posts: 66 | Location: New Braunfels, Texas, USA | Registered: October 04, 2001Reply With QuoteReport This Post
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Seems to me a judge might be interested in enforcing his order. This same sort of thing used to happen with shock probation. A judge in Harris County entered a show cause order for an official with TDCJ to come explain how he was not in contempt of the court order. Suddenly, space was available.

If the State sets the standards, then the State should be held accountable for meeting them. It certainly worked in the defendant's favor for many years with the so-called Speedy Trial statute.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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If you are still seeking copies of orders, email me at jstride@co.collin.tx.us. We have some used in the Dena Schlosser case (cut off her baby's arms).
 
Posts: 532 | Location: McKinney, Tx | Registered: June 22, 2001Reply With QuoteReport This Post
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