Williams v. State, 663 S.W.2d 832 (Tex. Crim. App. 1984). · Go Syfert
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Williams v. State, 663 S.W.2d 832 (Tex. Crim. App. 1984). Cases Citing This Book View Copy Cite
80 citation events (33 in the last 25 years) across 3 distinct courts.
Strongest positive: Falk, John Ray Jr. (texcrimapp, 2021-05-19)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 31 distinct citers.
cited Cited as authority (rule) Falk, John Ray Jr.
Tex. Crim. App. · 2021 · confidence medium
App. 1978) (op. on reh’g), overruled on other grounds by Williams v. State, 663 S.W.2d 832, 834 (Tex. Crim.
cited Cited as authority (rule) William Emanuel Glen Hartfield v. State
Tex. App. · 2008 · confidence medium
App. 1977) (op. on reh’g), overruled on other grounds by Williams v. State, 663 S.W.2d 832, 834 (Tex. Crim.
cited Cited as authority (rule) William Emanuel Glen Hartfield v. State
Tex. App. · 2008 · confidence medium
App. 1977) (op. on reh’g), overruled on other grounds by Williams v. State , 663 S.W.2d 832, 834 (Tex. Crim.
discussed Cited as authority (rule) Alcott v. State (2×)
Tex. Crim. App. · 2001 · confidence medium
PROC.CODE Art. 46.02, § 2(a) provides in full: The issue of the defendant's incompetency to stand trial shall be determined in advance of the trial on the merits if the court determines there is evidence to support a finding of incompetency to stand trial on its own motion or on written motion by the defendant or his counsel filed prior to the date set for trial on the merits asserting that the defendant is incompetent to stand trial. (emphasis added). [15] Sisco, 599 S.W.2d at 613 . [16] 663 S.W.2d 832 (Tex.Crim.App.1984). [17] Id. at 833-34 (emphasis added). [18] Section 4(a) provides, "If …
cited Cited as authority (rule) Kent Fales v. State
Tex. App. · 2000 · confidence medium
Williams v. State , 663 S.W.2d 832, 833 (Tex. Crim.
cited Cited as authority (rule) Medina v. State
Tex. App. · 1999 · confidence medium
Williams v. State, 663 S.W.2d 832, 834 (Tex.Crim.App.1984); Doherty v. State, 892 S.W.2d 13, 17 (Tex.App. — Houston [1st Dist.] 1994, pet. ref'd).
cited Cited as authority (rule) Moore v. State
Tex. Crim. App. · 1999 · confidence medium
Williams v. State, 663 S.W.2d 832, 834 (Tex.Crim.App.1984).
cited Cited as authority (rule) Hatten v. State
Tex. App. · 1998 · confidence medium
Barber, 737 S.W.2d at 828 (quoting Sisco, 599 S.W.2d at 612 ); see also Casey v. State, 924 S.W.2d 946 , 948 n. 4 (Tex.Crim.App.1996); Williams v. State, 663 S.W.2d 832, 834 (Tex.Crim.App.1984).
cited Cited as authority (rule) Riley v. State
Tex. App. · 1998 · confidence medium
See Casey v. State, 924 S.W.2d 946, 949 (Tex.Crim.App. 1996); Williams v. State, 663 S.W.2d 832, 834 (Tex.Crim.App.1984).
cited Cited as authority (rule) Harry Riley v. State
Tex. App. · 1998 · confidence medium
App. 1996); Williams v. State , 663 S.W.2d 832, 834 (Tex. Crim.
cited Cited as authority (rule) John T. Smetek v. State
Tex. App. · 1997 · confidence medium
App. 1993); Williams v. State , 663 S.W.2d 832, 833-34 (Tex. Crim.
cited Cited as authority (rule) Lopez v. State
Tex. Crim. App. · 1995 · confidence medium
Williams v. State, 663 S.W.2d 832, 834 (Tex.Crim.App.1984) (holding Sisco standard applicable throughout article 46.02).
discussed Cited as authority (rule) Doherty v. State (2×)
Tex. App. · 1994 · confidence medium
Williams v. State, 663 S.W.2d 832, 834 (Tex. Crim.App.1984).
discussed Cited as authority (rule) Gilbert v. State
Tex. App. · 1993 · confidence medium
Johnson v. State, 564 S.W.2d 707, 711 (Tex.Crim.App.1977), overruled on other grounds, Williams v. State, 663 S.W.2d 832, 834 (Tex.Crim.App.1984); Rodriquez v. State, 816 S.W.2d 493, 495 (Tex.App.—Waco 1991, pet. ref’d).
cited Cited as authority (rule) Gillum v. State
Tex. App. · 1990 · confidence medium
Williams v. State, 663 S.W.2d 832, 833 (Tex.Crim.App.1984); see also Sisco v. State, 599 S.W.2d 607, 609 (Tex.Crim.App.1980).
discussed Cited "see" Lahood, Ex Parte Michael George
Tex. Crim. App. · 2013 · signal: see · confidence high
Sisco v. State, 599 S.W.2d 607, 613 (Tex.Crim.App. [Panel Op.] 1980); see Williams, 663 S.W.2d 832 , overruling Johnson v. State, 564 S.W.2d 707 (Tex.Crim.App.1978) (op. on reh'g) (overruling a split in precedent that required different constructions of the same statute depending on when the issue of competency was raised); see also Barber, 737 S.W.2d at 828 (applying the Sisco-Williams line of cases and remanding for an after-the-fact competency hearing).
cited Cited "see" Lahood, Ex Parte Michael George
Tex. Crim. App. · 2013 · signal: see · confidence high
App. [Panel Op.] 1980); see Williams , 663 S.W.2d 832 , overruling Johnson v. State , 564 S.W.2d 707 (Tex. Crim.
discussed Cited "see" Allen Ray Puchot v. State (2×)
Tex. App. · 1999 · signal: see · confidence high
See Williams , 663 S.W.2d at 834 .
examined Cited "see" Pipkin v. State (4×)
Tex. App. · 1999 · signal: see · confidence high
See Collier v. State, 959 S.W.2d 621, 625 (Tex.Crim.App.1997) (citing Johnson v. State, 564 S.W.2d 707, 710 (Tex.Crim.App.1977)), overruled by Williams v. State, 663 S.W.2d 832 (Tex.Crim.App.1984), cer t. denied, — U.S. -, 119 S.Ct. 335 , 142 L.Ed.2d 276 (1998)). 1 In general, a bona fide doubt is raised, so as to require a section 2 hearing, only if the evidence indicates recent severe mental illness, at least moderate mental retardation, or truly bizarre acts by the defendant.
cited Cited "see" Moughon v. State
Tex. App. · 1998 · signal: see · confidence high
See Johnson v. State, 564 S.W.2d 707, 711 (Tex.Crim.App.1977) (op. on reh’g), rev’d. on other grounds, Williams v. State, 663 S.W.2d 832, 834 (Tex.Crim.App.1984). .
cited Cited "see" Brown v. State
Tex. App. · 1998 · signal: see · confidence high
See Williams v. State, 663 S.W.2d 832, 833 (Tex.Crim.App.1984) (Williams TV).
cited Cited "see" Linda Tristan v. State
Tex. App. · 1995 · signal: see · confidence high
App. 1980); see Williams v. State , 663 S.W.2d 832, 834 (Tex. Crim.
cited Cited "see" Barber v. State
Tex. Crim. App. · 1988 · signal: see · confidence high
See Williams v. State, 663 S.W.2d 832 (Tex.Cr.App.1984), which was applied retroactively.
discussed Cited "see" Arnold v. State (2×)
Tex. Crim. App. · 1986 · signal: see · confidence high
See Sisco v. State, 599 S.W.2d 607 (Tex.Cr.App.1980) and Williams v. State, 663 S.W.2d 832 (Tex.Cr.
cited Cited "see" Fannin v. State
Tex. App. · 1986 · signal: see · confidence high
See Williams v. State, 663 S.W.2d 832, 833-34 (Tex.Crim.App.1984).
discussed Cited "see" Johnson v. State (2×)
Tex. App. · 1985 · signal: see · confidence high
See Williams v. State, 663 S.W.2d 832 , supra; Williams v. State, 667 S.W.2d 783 , supra. Under Article 46.02, § 2(b) the trial court must weigh and consider only the evidence tending to prove incompetency in deciding whether to empanel a jury.
discussed Cited "see, e.g." Turner, Albert James
Tex. App. · 2015 · signal: see also · confidence medium
See also Williams v. State, 663 S.W.2d 832, 834 (Tex.Crim.App.1984) (applying Sisco, and construing prior statutory language that required a formal competency hearing upon a determination that there is evidence from any source “to support a finding of incompetency to stand trial”); Barber v. State, 737 S.W.2d 824, 828 (Tex.Crim.App.1987) (same); George E.
discussed Cited "see, e.g." Turner, Albert James
Tex. Crim. App. · 2013 · signal: see also · confidence medium
See also Williams v. State, 663 S.W.2d 832, 834 (Tex. Crim.
discussed Cited "see, e.g." Turner, Albert James (2×)
Tex. Crim. App. · 2013 · signal: see also · confidence medium
See also Williams v. State, 663 S.W.2d 832, 834 (Tex.Crim.App.1984) (applying Sisco , and construing prior statutoiy language that required a formal competency hearing upon a determination that there is evidence from any source "to support a finding of incompetency to stand trial”); Barber v. State, 737 S.W.2d 824, 828 (Tex.Crim.App.1987) (same); George E.
cited Cited "see, e.g." Clay Joiner AKA Claborn Joiner v. State
Tex. App. · 2002 · signal: see also · confidence medium
Collier , 959 S.W.2d at 625 ; see also Williams v. State , 663 S.W.2d 832, 833-34 (Tex. Crim.
cited Cited "see, e.g." Clay Joiner AKA Claborn Joiner v. State
Tex. App. · 2002 · signal: see also · confidence medium
Collier, 959 S.W.2d at 625 ; see also Williams v. State, 663 S.W.2d 832, 833-34 (Tex. Crim.
Ralph Edward WILLIAMS, Appellant,
v.
the STATE of Texas, Appellee
098-83.
Court of Criminal Appeals of Texas.
Jan 18, 1984.
663 S.W.2d 832
Mike Brown, Lubbock, for appellant., John T. Montford, Former Dist. Atty. and Mike Irish, Former Asst. Dist. Atty., Jim Bob Darnell, Dist. Atty. and Hollis M. Browning, Asst. Dist. Atty., Lubbock, Robert Huttash, State’s Atty., Austin, for the State.
Clinton, Onion, Davis, McCor-mick, Campbell.
Cited by 53 opinions  |  Published

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

The ijuestion upon which we granted discretionary review is: When an issue of incompetency to stand trial is raised during trial, by what standard is the trial court to determine whether there is evidence to support a finding of incompetency to stand trial? Stated in other terms, was Johnson v. State, 564 S.W.2d 707 (Tex.Cr.App.1977) correctly decided, given the subsequent opinion of the Court in Sisco v. State, 599 S.W.2d 607 (Tex.Cr.App.1980).

On original submission the Amarillo Court of Appeals followed Sisco v. State, supra, found “some probative evidence” that appellant was not competent to stand trial, sustained his second ground of error and reversed the judgment, remanding the cause to the trial court to conduct a hearing before a jury to determine the matter. Williams v. State, 628 S.W.2d 848 (Tex.App.—Amarillo 1982).

On a motion for rehearing filed by the State, 636 S.W.2d 1, we granted its petition for discretionary review and remanded the cause to the court below for it to address a contention of the State — not previously made — that a motion filed and presented by appellant after verdict of the jury but before assessment of punishment did not raise an issue of competency to stand trial. The Amarillo Court of Appeals has now resolved that contention against the State, reconsidered appellant’s second ground of error and overruled it on the basis of Johnson v. State, supra, among other cases. Williams v. State, (Tex.App. —Amarillo, No. 07-81-0004-CR, delivered November 22,1982).

We agree that the issue of incompetency was raised “during the trial” under Article 46.02, § 2(b) and § 4(c), V.A.C.C.P., but find that the court below was correct when on original submission it sustained the second ground of error and remanded the cause to the trial court for a jury determination of the issue thus raised. Sisco v. State, supra.

Sisco construes the statutory language of id., § 2(a), when the competency issue is raised pretrial: “if the court determines there is evidence to support a finding of incompetency to stand trial.” 1 When the issue is raised “during trial,” § 2(b) mandates that “the court ... determine whether or not there is evidence to support a finding of incompetency to stand trial,” and § 4(a) provides in either situation, “If the court determines that there is evidence to support a finding of incompetency to stand trial ...” as does § 4(c). Thus, the Legislature utilized the exact same statutory standard throughout.

In Johnson v. State, supra, the majority of a divided Court said that the Legislature “did not intend to enlarge upon Pate v. Robinson [383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815 (1966) ] but sought to codify its holding as well as prior case law,” Johnson, at 710, and concluded that the Legislature did intend “to preserve bona fide doubt in the mind of the trial judge as the standard[*834] of proof” to be met during trial, id., at 711. Yet, the Johnson majority did not point to and we have been unable to find any extrinsic indication whatsoever that the Legislature so intended construction of an identically stated standard to depend upon when the issue is raised.

The Johnson majority was nagged by the thought of “an interruption of a trial on the merits in response to baseless claims of incompetency,” id., at 710. However, the Sisco standard does not require that, nor does § 2(b). Section 4(c) does contemplate that when the issue is raised in a manner other than pretrial as prescribed by § 2(a), the trial court is to determine whether “there is evidence to support a finding of incompetency to stand trial.” But it does not necessarily “require a halting of proceedings and a separate determination on competency,” Johnson, at 710. After all, the judge of the trial court is hearing testimony and attending admission of evidence as trial progresses, and it would be a matter of exercising discretion to decide when to conduct the “inquiry,” Johnson, id., at 712-713 (Odom, J., dissenting) — as opposed to whether to make it. Making such an inquiry may await closing of the evidence in order that the court be well informed in making its determination of whether there is evidence to support a finding of incompetency. Johnson, id., 712 (Odom, J., dissenting). If it be determined that there is evidence to support a finding of incompetency to stand trial the Legislature left the court free to set the issue for hearing “at any time prior to the sentencing of the defendant,” § 4(c). In sum, the Johnson majority was moved by “unfounded fears,” id., at 713, to find a legislative intent that the statutory language facially rejects.

We hold that the statutory standard —“there is evidence to support a finding of incompetency to stand trial” — as construed in Sisco is to be applied consistently throughout Article 46.02 proceedings whenever the issue is raised during the course of a criminal action such that the trial court must make that determination. Johnson v. State, supra, is overruled along with its progeny.

The Amarillo Court of Appeals correctly sustained appellant’s second ground of error in its initial opinion. Accordingly, the judgment now before the Court is reversed and the cause remanded to the court of appeals for it to reinstate its judgment on original submission.

ONION, P.J., and W.C. DAVIS, McCOR-MICK and CAMPBELL, JJ., dissent.
1

. All emphasis is added by the writer of this opinion unless otherwise indicated.