Threshold for Repeated Competency Evaluations: No Abuse of Discretion in Denying Additional Competency Hearings Before Trial and Sentencing.
- Resource Type
- Article
- Authors
- Weiss, Ashley; Kelly, D. Clay
- Source
- Journal of the American Academy of Psychiatry & the Law; Sep2021, Vol. 49 Issue 3, p430-432, 3p
- Subject
- COMPETENCY assessment (Law)
TRIALS (Law)
DISMISSAL & nonsuit
LAWYERS
DISCRETION
JUVENILE offenders
INTELLECTUAL disabilities
VETERANS
CONDUCTIVE hearing loss
- Language
- ISSN
- 10936793
The article discusses Eleventh Circuit Court of Appeals case United States v. Cometa involving threshold for repeated competency evaluations. It reports the story of Stephen Cometa who was indicted for assault with a firearm and was later evaluation of his competency due to an underlying personality disorder. The circuit court affirmed the district court's ruling not to hold additional trial competency hearing claiming that the defendant was competent and only pretends not to be so.