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Texas Court of Criminal Appeals Clarifies Proper Evidentiary Standard and Type of Evidence for Informal Competency Hearing

by Christopher Zoukis

The Court of Criminal Appeals of Texas reversed a trial court’s refusal to grant a criminal defendant a formal competency evaluation, finding that the trial court and court of appeals erred by improperly considering evidence and applying the incorrect evidentiary standard. Unfortunately for the potentially incompetent defendant, ...

 

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