State v. Mills, 254 S.E.2d 33 (N.C. 1979). · Go Syfert
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State v. Mills, 254 S.E.2d 33 (N.C. 1979). Cases Citing This Book View Copy Cite
“the question of defendant's capacity is within the trial judge's discretion and his determination thereof, if supported by the evidence, is conclusive on appeal.”
70 citation events (19 in the last 25 years) across 7 distinct courts.
Strongest positive: State v. Whittington (ncctapp, 2005-12-06)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (quoted) State v. Whittington
N.C. Ct. App. · 2005 · quote attribution · 1 verbatim quote · confidence low
the question of defendant's capacity is within the trial judge's discretion and his determination thereof, if supported by the evidence, is conclusive on appeal.
discussed Cited "see" State v. Coley
N.C. Ct. App. · 2008 · signal: see · confidence high
See State v. Reid, 38 N.C.App. 547, 549-50 , 248 S.E.2d 390, 392 (1978) ("The fact that two to three months prior [to the competency hearing] the defendant was determined to be mentally capable to proceed to trial cannot be determinative in itself when the examining psychiatrist casts doubt on his own testimony" by stating on cross-examination that he could not express an opinion regarding the defendant's competency on the date of the hearing.), disc. review denied, 296 N.C. 588 , 254 S.E.2d 31 (1979).
discussed Cited "see" State v. Grantham (2×)
N.C. Ct. App. · 2005 · signal: see · confidence high
See State v. Mills, 39 N.C.App. 47 , 50, 249 S.E.2d 446 , 447 (1978), cert. denied, 296 N.C. 588 , 254 S.E.2d 33 (1979) (If no prejudicial effect is shown, the denial of a mistrial motion is appropriate.) This assignment of error is without merit.
discussed Cited "see" State v. Ager
N.C. Ct. App. · 2002 · signal: see · confidence high
See State v. Reid, 38 N.C.App. 547, 550 , 248 S.E.2d 390, 392 (1978) (holding that the trial court's finding of competency could not be upheld since the examining psychiatrist's conclusion that the defendant's schizophrenia was in remission and he was therefore competent to stand trial was nullified by testimony at trial that the psychiatrist had not seen the defendant some two or three months thereafter, and could not state an opinion whether defendant was still competent at the time of trial), disc. review denied, 296 N.C. 588 , 254 S.E.2d 31 (1979).
Retrieving the full opinion text from the archive…
STATE of North Carolina
v.
Gary Ray MILLS.
Supreme Court of North Carolina.
Feb 5, 1979.
254 S.E.2d 33
Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 64%
Citer courts: Court of Appeals of North Caro… (1)

Triggs, Hodges & Mull, for defendant.

Rufus L. Edmisten, Atty. Gen., William B. Ray, Asst. Atty. Gen., William W. Melvin, Deputy Atty. Gen., for the State.

Petition by defendant for discretionary review under GS 7A-31. 39 N.C.App. 47, 249 S.E.2d 446. (7822SC640). Denied.