Special Forensic Populations ›

In re Arthur Lee Hinnant, petitioner 1997

Summary: In this case the SJC addresses whether an individual who is incompetent to stand trial due to a severe closed head injury can be subject to a rendition hearing. The Court finds that an individual must understand the proceedings and be able to consult with counsel for the rendition hearing to proceed. If the individual is not competent, then the extradition is stayed until such time as his competency is restored.

(Key words: Competence to stand trial, rendition, head injury)

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This section or sub-section is awaiting court cases, articles or other submissions.

U.S. v. Duhon, W.D.La., 2000

Keywords: Competence to stand trial and  mental retardation

Summary:  The Federal Court deals with a case of an individual with mental retardation and whether he can be restored to competence. The Court finds that “rote” learning is not sufficient to establish competence; rather,  an individual needs to have a cognitive/rational understanding and be able to apply the factual understanding, not just recite it.