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Home / Opinions / Courts / Court of Appeals, Eastern District / Criminal Law: Competency – Court’s Observations – Preponderance Of Evidence

Criminal Law: Competency – Court’s Observations – Preponderance Of Evidence

Where a trial court found a defendant competent to stand trial based on its own observations and in disregard of two experts' opinions, uncontroverted evidence showed that the defendant was mentally retarded, and the appellate court would reverse the determination of competency, and the case is transferred to the Supreme Court of Missouri in the ...