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Capital Murder Defendant Deemed Incompetent

By Kristin Houle

According to the Austin American-Statesman, Paul Devoe, who is facing capital murder charges, has been deemed incompetent to stand trial (January 13, 2009). Competency relates to a defendant?s mental state at the time of trial, not at the time of the alleged crime. According to Chapter 46B, Texas Code of Criminal Procedure: Article 46B.003. Incompetency; Presumptions: (a) A person is incompetent to stand trial if the person does not have: 1. sufficient present ability to consult with the person?s lawyer with a reasonable degree of rational understanding; or 2. a rational as well as factual understanding of the proceedings against the person. (b) A defendant is presumed competent to stand trial and shall be found competent to stand trial unless proved incompetent by a preponderance of the evidence...continue to full post

Full post as published by Prevention Not Punishment on January 13, 2009 (boomark / email).