I have a felony case, which the defendant was evaluated by our ex pert (State’s expert) and State’s expert found defendant to be competent but insane. I am in agreement with Defense Counsel and the DR, defendant is insane. I have never done one these before so I could use some assistance. The agreement is for defendant to plead not guilty by reason of insanity and committed for treatment. Does anyone have any motions/orders they could send me and/or any advice on how to proceed? I have orders for to commit someone for competency but not insanity. Would defendant have to be sentenced (i.e. plea agreement) after he has been deemed sane and competent or can he enter into a plea agreement prior to this, so once he is deemed competent and sane he can start serving his sentence? Defense wants to plead defendant, but it seems defendant would need to be sane and competent before he can. I am new to the world of “insanity” so any help would be appreciated.

Thanks
Texas_ada
bearkats09@yahoo.com

Call me at 713 755-3676. I presented on this topic to the Texas Center for the Judiciary and have forms virtually for any circumstance.

Secondly, go to bed with 46C and read it chapter and verse. If nothing else, it solves problems with insomnia.

Thirdly, the issue is not the initial commitment but the subsequent ones which are under the H&S rules, so get to know your attorney who prosecutes civil commitments well -- in addition to appreciating the exceptions to the H&S Code.

I can email more than you want to know.

Oh, also invest the small sum to purchase Jane Starnes' "Mental Defenses" - it is most useful; or call Jane over in Georgetown.