NRS
178.415 Appointment of person or persons to examine defendant; hearing;
no indictment while court considers competence of defendant; finding.
1. Except as otherwise provided in this
subsection, the court shall appoint two psychiatrists, two psychologists, or
one psychiatrist and one psychologist to examine the defendant. If the
defendant is accused of a misdemeanor, the court of jurisdiction shall appoint
a psychiatric social worker, advanced practice registered nurse who has the
psychiatric training and experience prescribed by the State Board of Nursing
pursuant to NRS 632.120 or other person
who is especially qualified by the Division, to examine the defendant.
2. Except as otherwise provided in this
subsection, at a hearing in open court, the court that orders the examination
must receive the report of the examination. If a justice court orders the
examination of a defendant who is charged with a gross misdemeanor or felony,
the district court must receive the report of the examination.
3. The court that receives the report of
the examination shall permit counsel for both sides to examine the person or
persons appointed to examine the defendant. The prosecuting attorney and the
defendant may:
(a) Introduce other evidence including, without
limitation, evidence related to treatment to competency and the possibility of
ordering the involuntary administration of medication; and
(b) Cross-examine one another’s witnesses.
4. A prosecuting attorney may not seek an
indictment of the defendant for any offense during the period in which the
court is considering whether the defendant is competent or incompetent except
upon application by the prosecuting attorney to the chief judge of the district
court, or his or her designee, and with leave of the court. The prosecuting
attorney must demonstrate that adequate cause exists for the court to grant
leave to seek an indictment on the grounds that the availability or
unavailability of a witness, or any other objective factor, significantly
impacts the ability of the State to prosecute the matter in the absence of such
leave. The prosecuting attorney must give notice of an application made
pursuant to this subsection to the attorney for the defendant not less than 24
hours before the hearing on the application.
5. The court that receives the report of
the examination shall then make and enter its finding of competence or
incompetence.
6. The court shall not appoint a person to
provide a report or an evaluation pursuant to this section, unless the person
is certified by the Division pursuant to NRS
178.417.
[1911 Cr. Prac. § 538; A 1919,
416; 1919 RL § 7388; NCL § 11186]—(NRS A 1967,
1449; 1968,
52; 1981,
1656; 1991,
1003; 1999,
104; 2003,
1018, 1470,
1947;
2017,
1741, 2996)
Notes of Decisions
Scarbo v. Eighth Jud. Dist. Court, 206 P.3d 975 (Nev. 2009).
· cites it 18× “: In this first of two related cases involving competency proceedings in the Eighth Judicial District Court, we must determine whether defense counsel is entitled to full and complete copies of the court-appointed examiners’ competency reports prior to a competency hearing held…”
Olivares v. State, 195 P.3d 864 (Nev. 2008).
· cites it 10× “In these circumstances, when doubts have been raised as to a defendant's competency to stand trial, the district court has an obligation to hold a hearing to fully consider those doubts and to determine whether further competency proceedings under NRS 178.415 are warranted. In…”
Goad v. State, 488 P.3d 646 (Nev. 2021).
· cites it 28× “405(1) (providing that a court must suspend the proceedings when doubt arises until the question of competency is determined); NRS 178.415 (prescribing the procedures a court must follow in conducting a competency hearing).”
Morgan v. State, 416 P.3d 212 (Nev. 2018).
· cites it 5× “3d 975 , 978 (2009) (quoting NRS 178.415(1) ). 5 Following the completion of the examinations, "at a hearing in open court, the court that orders the examination must receive the report of the examination.”
Sims v. Eighth Jud. Dist. Court, 206 P.3d 980 (Nev. 2009).
· cites it 8× “The issue raised by these writ petitions concerns whether defense counsel is permitted under NRS 178.415(3) to introduce independent competency evaluations during the competency hearing.”
Fergusen v. State, 192 P.3d 712 (Nev. 2008).
· cites it 4× “We conclude that under the Eighth Judicial District Court Rules (EDCR), the Eighth Judicial District may assign the determination of all initial competency matters (NRS 178.415 and NRS 178.455) to a particular district court judge; however, the determination of a defendant's…”
Cooper v. Oklahoma, 517 U.S. 348 (1996).
“§29-1823 (1989); Nev. Rev. Stat. §178.415 (1992); N. C. Gen.”
Bishop v. Warden, Nevada State Prison, 581 P.2d 4 (Nev. 1978).
· cites it 4× “First, he contends that the court was obliged to determine his sanity in accordance with NRS 178.415, and that its failure to do so nullifies his conviction.”
Calvin v. State, 147 P.3d 1097 (Nev. 2006).
“NRS 178.415(3)(a) gives slight guidance in these respects, stating only that in a hearing on a defendant’s competency, the prosecutor and the defendant may “[ijntroduce other evidence including, without limitation, evidence related to treatment to competency and the possibility…”
Ogden v. State, 615 P.2d 251 (Nev. 1980).
· cites it 2× “NRS 178.415(1) 1 provides that the court shall appoint two physicians, at least one of whom is a psychiatrist, to examine a defendant when determining if he is competent to stand trial.”
Brimmage v. State, 567 P.2d 54 (Nev. 1977).
“” NRS 178.415(1) provides: “1. The court shall appoint two physicians, at least one of whom is a psychiatrist or otherwise especially qualified, to examine the defendant.”
McKenna v. State, 639 P.2d 557 (Nev. 1982).
“, was appointed by the court under NRS 178.415 to inquire into the sanity of McKenna.”
— Nev. Rev. Stat. § 178.415(1) — 9 cases
Olivares v. State, 195 P.3d 864 (Nev. 2008).
“In these circumstances, when doubts have been raised as to a defendant's competency to stand trial, the district court has an obligation to hold a hearing to fully consider those doubts and to determine whether further competency proceedings under NRS 178.415 are warranted. In…”
Morgan v. State, 416 P.3d 212 (Nev. 2018).
“3d 975 , 978 (2009) (quoting NRS 178.415(1) ). 5 Following the completion of the examinations, "at a hearing in open court, the court that orders the examination must receive the report of the examination.”
Scarbo v. Eighth Jud. Dist. Court, 206 P.3d 975 (Nev. 2009).
“: In this first of two related cases involving competency proceedings in the Eighth Judicial District Court, we must determine whether defense counsel is entitled to full and complete copies of the court-appointed examiners’ competency reports prior to a competency hearing held…”
Ogden v. State, 615 P.2d 251 (Nev. 1980).
“NRS 178.415(1) 1 provides that the court shall appoint two physicians, at least one of whom is a psychiatrist, to examine a defendant when determining if he is competent to stand trial.”
Brimmage v. State, 567 P.2d 54 (Nev. 1977).
“” NRS 178.415(1) provides: “1. The court shall appoint two physicians, at least one of whom is a psychiatrist or otherwise especially qualified, to examine the defendant.”
— Nev. Rev. Stat. § 178.415(2) — 3 cases
Olivares v. State, 195 P.3d 864 (Nev. 2008).
“In these circumstances, when doubts have been raised as to a defendant's competency to stand trial, the district court has an obligation to hold a hearing to fully consider those doubts and to determine whether further competency proceedings under NRS 178.415 are warranted. In…”
Morgan v. State, 416 P.3d 212 (Nev. 2018).
“3d 975 , 978 (2009) (quoting NRS 178.415(1) ). 5 Following the completion of the examinations, "at a hearing in open court, the court that orders the examination must receive the report of the examination.”
Scarbo v. Eighth Jud. Dist. Court, 206 P.3d 975 (Nev. 2009).
“: In this first of two related cases involving competency proceedings in the Eighth Judicial District Court, we must determine whether defense counsel is entitled to full and complete copies of the court-appointed examiners’ competency reports prior to a competency hearing held…”
— Nev. Rev. Stat. § 178.415(3) — 8 cases
Sims v. Eighth Jud. Dist. Court, 206 P.3d 980 (Nev. 2009).
“The issue raised by these writ petitions concerns whether defense counsel is permitted under NRS 178.415(3) to introduce independent competency evaluations during the competency hearing.”
Morgan v. State, 416 P.3d 212 (Nev. 2018).
“3d 975 , 978 (2009) (quoting NRS 178.415(1) ). 5 Following the completion of the examinations, "at a hearing in open court, the court that orders the examination must receive the report of the examination.”
Scarbo v. Eighth Jud. Dist. Court, 206 P.3d 975 (Nev. 2009).
“: In this first of two related cases involving competency proceedings in the Eighth Judicial District Court, we must determine whether defense counsel is entitled to full and complete copies of the court-appointed examiners’ competency reports prior to a competency hearing held…”
Olivares v. State, 195 P.3d 864 (Nev. 2008).
“In these circumstances, when doubts have been raised as to a defendant's competency to stand trial, the district court has an obligation to hold a hearing to fully consider those doubts and to determine whether further competency proceedings under NRS 178.415 are warranted. In…”
Goad v. State, 488 P.3d 646 (Nev. 2021).
“405(1) (providing that a court must suspend the proceedings when doubt arises until the question of competency is determined); NRS 178.415 (prescribing the procedures a court must follow in conducting a competency hearing).”
— Nev. Rev. Stat. § 178.415(3)(a) — 2 cases
Calvin v. State, 147 P.3d 1097 (Nev. 2006).
“NRS 178.415(3)(a) gives slight guidance in these respects, stating only that in a hearing on a defendant’s competency, the prosecutor and the defendant may “[ijntroduce other evidence including, without limitation, evidence related to treatment to competency and the possibility…”
Sims v. Eighth Jud. Dist. Court, 206 P.3d 980 (Nev. 2009).
“The issue raised by these writ petitions concerns whether defense counsel is permitted under NRS 178.415(3) to introduce independent competency evaluations during the competency hearing.”
— Nev. Rev. Stat. § 178.415(4) — 5 cases
Olivares v. State, 195 P.3d 864 (Nev. 2008).
“In these circumstances, when doubts have been raised as to a defendant's competency to stand trial, the district court has an obligation to hold a hearing to fully consider those doubts and to determine whether further competency proceedings under NRS 178.415 are warranted. In…”
Morgan v. State, 416 P.3d 212 (Nev. 2018).
“3d 975 , 978 (2009) (quoting NRS 178.415(1) ). 5 Following the completion of the examinations, "at a hearing in open court, the court that orders the examination must receive the report of the examination.”
Scarbo v. Eighth Jud. Dist. Court, 206 P.3d 975 (Nev. 2009).
“: In this first of two related cases involving competency proceedings in the Eighth Judicial District Court, we must determine whether defense counsel is entitled to full and complete copies of the court-appointed examiners’ competency reports prior to a competency hearing held…”
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