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US Supreme Court Finds No Right to Mental Competency in Habeas Cases

In November, we discussed two cases that had been argued before the US Supreme Court in October 2012 where the Court was considering the right to mental competency in habeas cases.  On January 8, 2013,...

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Incompetent to Stand Trial by Virtue of Not Speaking English

As we all emerge from the stupor of the holiday season, I have been catching up some reading and came across the most recent issue of the Southern California Review of Law and Social Justice (Spring...

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Balancing Act: Right to Represent Yourself and the Competency Standard

Several months ago, many of you participated in the Best Practices webinars hosted by this project of The National Judicial College.  During those sessions, we discussed (among many other topics)...

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Common Sense Recommendations from Minnesota Criminal Justice Partners

In the wake of the Newtown tragedy, criminal justice leaders among many others have been grappling with a sensible approach to gun violence.  One of the major themes in that discussion is the access to...

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What Is THE Definitive Test for Competence to Stand Trial?

In an earlier post, we discussed Dr. Michael H. Fogel’s “Ten Year Research Update (2001–2010): Evaluations for Competence to Stand Trial (Adjudicative Competence)”, in Behavioral Sciences and the Law....

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