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The Texas Bar Case Digest for 2/21 includes a summary of Greene v State, 04-05-00783-CR (Tex. App. -- San Antonio 2/7/07). Fomerly, and under the Mata v. State standard, there must have been a "bona fide doubt" as to the def's competency to trigger a competency eval. In this case, the court hold that if there is evidence of incompetency from any source, then a evaluation should be ordered. It is still reviewed, of course, under the abuse of discretion standard.

The bottom line looks to be - seek a competency appraisal, not always so easy outside the urban areas.
 
Posts: 264 | Location: Houston, TX | Registered: January 17, 2005Reply With QuoteReport This Post
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