Topic: whether a reasonable judge, situated as was the trial court… · Go Syfert
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Topic #6610

9 canonical passages across 6 cases, quoted by 53 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 Andrew MacKey v. Michael Dutton, Warden.

#Case FlagCanonical passage Citers
1 Andrew MacKey v. Michael Dutton, Warden Anchor
ca6 · 2000
green “whether a reasonable judge, situated as was the trial court judge whose failure to conduct an evidentiary hearing is being reviewed, should have experienced doubt with respect to competency to stand trial.” 8
2 Hastings v. Yukins
mied · 2002
green “to trigger a reasonable doubt as to his or her competency.” 7
3 Antonio Franklin v. Margaret Bradshaw
ca6 · 2012
green “the due process right to a fair trial is violated by a court's failure to hold a proper competency hearing where there is substantial evidence of a defendant's incompetency.” 6
4 United States v. Miller
ca6 · 2008
green “the bar for incompetency is high” 6
5 Thirkield v. Pitcher
mied · 2002
green “to positively, unequivocally, and clearly generate a real, substantial and legitimate doubt as to his mental capacity” 6
6 Hastings v. Yukins
mied · 2002
green “can raise issues of both substantive and procedural due process.” 6
7 United States v. Margaret Knape Davis
ca6 · 1996
green “exhibited great difficulty in communicating and assisting with his defense.” 5
8 Thirkield v. Pitcher
mied · 2002
green “although retrospective determinations of competency are not prohibited, they are disfavored, and the court will give considerable weight to the lack of contemporaneous evidence of petitioner's incompetence.” 5
9 Antonio Franklin v. Margaret Bradshaw
ca6 · 2012
green “a state court determination of competence is a factual finding, to which deference must be paid.” 4

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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