February 28, 2007, 13:14
Floyd L. JenningsStandard to trigger competency eval
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.