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Discussion Topic  RE: Competency hearing a year after the trial? (in Criminal) by Floyd L. Jennings
One more issue: Mental retardation is not dispositive of competency. Methodologically, an appraisa......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Competency hearing a year after the trial? (in Criminal) by Floyd L. Jennings
There is sufficient time, if needed I can provide the names of some examiners in the Fort Worth area......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Incompetent prior to Revocation Hearing (in Criminal) by Floyd L. Jennings
Thanks for the feedback....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Incompetent prior to Revocation Hearing (in Criminal) by Floyd L. Jennings
This was long ago posted, but look at Casey v. State, 924 S.W.2d 946 (Tex. Crim. App. 1996), as well......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Defensive claim of Alzheimer's (in Criminal) by Floyd L. Jennings
Jane is right on target, as usual....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Absentia misdemeanor pleas? (in Criminal) by Floyd L. Jennings
We are working on that issue as well - with many county court defendants who at various state hospit......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Class B pretrial confinement (in Criminal) by Floyd L. Jennings
Situation: Class B defendant serves 180 days in pretrial detention, the last 30+ days of which are ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Competency at Motion for New Trial (in Criminal) by Floyd L. Jennings
On peril of not having done a caselaw search, I would nonetheless point out that competency applies ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Competency to Stand Trial (in Criminal) by Floyd L. Jennings
First, look at 46B.084, and then 102: Given that you have only one shot at restoration, which the d......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Inmate refusing to eat (in Criminal) by Floyd L. Jennings
Barring ingenuous efforts to obtain compliance, I would hand-walk a temporary guardianship through i......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: GA-0709 "Reserve" Investigators (in Criminal) by Floyd L. Jennings
Remember that in Texas - unlike many other jurisdictions -- a peace officer is a peace officer is a ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Permanent insane asylum in Texas? (in Civil) by Floyd L. Jennings
Call me 713 755-3676 (county number), or 713 551-9604 (private voice mail) There are some options....
TDCAA > TDCAA Community > Civil

Discussion Topic  Help needed! Statutory authority for transfer in a .102 hearing (in Criminal) by Floyd L. Jennings
Help needed: Statutory authority to transfer a .102 hearing I am working on a matter involving a st......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Dimished Capacity & Self Defense (in Criminal) by Floyd L. Jennings
That's why Daubert and its prodigy have been so powerful...and why, in many states (or in federal co......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Dimished Capacity & Self Defense (in Criminal) by Floyd L. Jennings
Well, John, I agree -- and the beautiful lines from Graham v. State apply, wherein the court stated ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Dimished Capacity & Self Defense (in Criminal) by Floyd L. Jennings
I have long argued in instructing mental health experts (and now in assisting the courts) that dimin......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: need a judgment for not guilty due to insanity (in Criminal) by Floyd L. Jennings
Sorry, I was out of the country on vacation and could not respond in a timely way -- but Jane came t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Art. 46B.102 order (in Criminal) by Floyd L. Jennings
Call me if needed, 713 755-3676. I am presuming you are talking about a .102 proceeding and not a H......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Committed Juvenile (in Criminal) by Floyd L. Jennings
I have never dealt with one but was on the Chap. 55 Workgroup and the standard for fitness to procee......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Escape From Terrell State Hospital (in Criminal) by Floyd L. Jennings
Good lawyerly answer: It depends. If you did a .102 commitment subsequent to the .072 restoration ......
TDCAA > TDCAA Community > Criminal


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