Topic: a prior determination of competency does not control when n… · Go Syfert
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Topic #33669

3 canonical passages across 3 cases, quoted by 11 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Hunter v. State.

#Case FlagCanonical passage Citers
1 Hunter v. State Anchor
fla · 1995
green “a prior determination of competency does not control when new evidence suggests the defendant is at the current time incompetent.” 4
2 Tingle v. State
fla · 1988
green “whether there is a reasonable ground to believe the defendant may be incompetent, not whether he is incompetent.” 4
3 Brockman v. State
fladistctapp · 2003
green “if the trial court is presented with reasonable grounds to believe that the defendant may not have the sufficient present ability to consult with his attorney and aid in the preparation and presentation of his defense, the trial court must order a hearing and examination.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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