(a) A defendant shall be presumed to be competent and shall have the burden of proving
incompetency by a preponderance of the evidence.
(b) A person shall not be tried for a criminal offense if the person is found incompetent
to stand trial by a preponderance of the evidence.
(c) If a person indicted, complained, or informed against for an alleged criminal offense,
an attorney or guardian acting in the person’s behalf, or the State, at any time before
final judgment, raises before the court before which such person is tried or is to
be tried, the issue of whether such person is incompetent to stand trial, or if the
court has reason to believe that such person may not be competent to stand trial,
a hearing shall be held before such court at which evidence shall be received and
a finding made regarding the person’s competency to stand trial. However, in cases
where the court has reason to believe that such person may be incompetent to stand
trial due to a mental disease or mental defect, such hearing shall not be held until
an examination has been made and a report submitted by an examining psychiatrist or
psychologist in accordance with sections 4814–4816 of this title.
(d) A person who has been found incompetent to stand trial for an alleged offense may
be tried for that offense if, upon subsequent hearing, such person is found by the
court having jurisdiction of the person’s trial for the offense to have become competent
to stand trial. (Added 1969, No. 20, § 4; amended 2023, No. 28, § 5, eff. July 1, 2023; 2023, No. 137 (Adj. Sess.), § 23, eff. July 1, 2024.)
State v. Brent A. Boyajian, 2022 VT 13 (Vt. 2022). · cites it 17דVermont law protects this due process right by providing a framework to resolve disputes over competency in 13 V.”
State v. Bean, 762 A.2d 1259 (Vt. 2000). · cites it 4דArrangements were made to place defendant in a room outside the courtroom with a closed circuit television to observe the proceedings. Apparently, he did not watch the television set.”
State v. Lockwood, 632 A.2d 655 (Vt. 1993). · cites it 3דWe find no error in the court's decision to rely on the prior finding of competency because the court had no indication of the need for a new determination. The trial court has a duty to order a psychiatric examination and conduct a competency hearing if there is "reason to…”
State v. Gokey, 2010 VT 89 (Vt. 2010). · cites it 6דThe procedure described in 13 V.S.A. § 4817 gives the trial court some latitude in determining whether or not to hold a competency hearing.”
State v. J.S., 817 A.2d 53 (Vt. 2002). · cites it 2דAfter a competency hearing held pursuant to 13 V.S.A. § 4817, the court found appellant incompetent to stand trial.”
State v. Ives, 648 A.2d 129 (Vt. 1994). · cites it 4דSee 13 V.S.A. § 4817. Section 4817 provides that an evidentiary hearing "shall be held" if an accused or an attorney acting on behalf of the accused raises at any time before trial the issue of whether the accused is competent to stand trial.”
State v. Beaudoin, 2008 VT 133 (Vt. 2008). · cites it 2ד” 13 V.S.A. § 4817(b). “Once a defendant has been found competent, the trial court must be alert to changed circumstances that would indicate the need for a new determination of competency.”
State v. Williams, 574 A.2d 1264 (Vt. 1990). · cites it 3ד13 V.S.A. § 4817(a). The question of competency can be raised by the defendant, an attorney, guardian, or other person acting on behalf of the defendant, the State or the court.”
State v. Ahearn, 403 A.2d 696 (Vt. 1979). “At a competency hearing on December 10, 1976, held in accordance with 13 V.S.A. § 4817, the defendant first indicated his desire to represent himself.”
State v. Ploof, 649 A.2d 774 (Vt. 1994). · cites it 2דThe court concluded that defendant had waived his rights to assert incompetency at the sentencing hearing by not raising the issue and that, during sentencing, the trial court did not have reason to believe that defendant may not be competent to stand trial within the meaning of…”
State v. Thompson, 650 A.2d 139 (Vt. 1994). “13 V.S.A. § 4817(b) directs the trial court to hold a competency hearing under certain circumstances and to make a finding “regarding [defendant’s] competency to stand trial.”
State v. Davis, 683 A.2d 1 (Vt. 1996). “2d 655, 660 (1993); 13 V.S.A. § 4817(b). Competency to stand trial depends on whether the defendant “has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding — and whether he has a rational as well as factual understanding of…”
State v. Bean, 762 A.2d 1259 (Vt. 2000). “Arrangements were made to place defendant in a room outside the courtroom with a closed circuit television to observe the proceedings. Apparently, he did not watch the television set.”
State v. Gokey, 2010 VT 89 (Vt. 2010). “The procedure described in 13 V.S.A. § 4817 gives the trial court some latitude in determining whether or not to hold a competency hearing.”
State v. Williams, 574 A.2d 1264 (Vt. 1990). “13 V.S.A. § 4817(a). The question of competency can be raised by the defendant, an attorney, guardian, or other person acting on behalf of the defendant, the State or the court.”
State v. Brent A. Boyajian, 2022 VT 13 (Vt. 2022). “Vermont law protects this due process right by providing a framework to resolve disputes over competency in 13 V.”
State v. Brent A. Boyajian, 2022 VT 13 (Vt. 2022). “Vermont law protects this due process right by providing a framework to resolve disputes over competency in 13 V.”
State v. Lockwood, 632 A.2d 655 (Vt. 1993). “We find no error in the court's decision to rely on the prior finding of competency because the court had no indication of the need for a new determination. The trial court has a duty to order a psychiatric examination and conduct a competency hearing if there is "reason to…”
State v. Beaudoin, 2008 VT 133 (Vt. 2008). “” 13 V.S.A. § 4817(b). “Once a defendant has been found competent, the trial court must be alert to changed circumstances that would indicate the need for a new determination of competency.”
State v. Bean, 762 A.2d 1259 (Vt. 2000). “Arrangements were made to place defendant in a room outside the courtroom with a closed circuit television to observe the proceedings. Apparently, he did not watch the television set.”
State v. Williams, 574 A.2d 1264 (Vt. 1990). “13 V.S.A. § 4817(a). The question of competency can be raised by the defendant, an attorney, guardian, or other person acting on behalf of the defendant, the State or the court.”
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