Re: incompetency hearing

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On 10/20/03, annie wrote:
> On 3/26/03, Connie Boykin wrote:
>> my brother was deemed incompetent to stand trial for his
>> third-degree felony, this after two years of continuations
>> by his attorney. Now, he has been encarcerated in the
>> county jail for over a month now. None of this time will go
>> toward his time when he is sentenced for his felony(running
>> from the police).
>>
>> He has lost custody of his children and there is strong
>> evidence that the judge and my brother's attorney are
>> corroborating. The DA said that they wanted to get my
>> brother help to stand trial and were committing him to the
>> state hospital near williamson county. When asked what is
>> the hold up, his attorney says they don't have all the
>> paperwork. Is there any course of action that can be
>> taken? I wanted to file a complaint to the local board,
>> but my mother is scared it will make things worse on my
>> brother. Please help me.
>
>>>>1st, under the mental health act, to be deemed incompetent
> one must have 3 independant doctors from 3 separate areas
> make the same comclusion. 2nd, he must have been examined
> w/in so many days of being incarcerated. 3rd, his time while
> being in a state hospital does count. U need to get a copy of
> the mental health act.

>>>>>>>>>In California, the defendant my require a jury trial
on the issue of incompetence to stand trial.

Re: incompetency hearing, 1/18/04, by Joe Rob.

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