Re: incompetency hearing

More | Report Post

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.

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

Due Process Chatboard

LATEST POSTS | BY TOPICS | SUBMIT A POST