the issue of incompetency with the court if the public defender does not. Misc, extras, mobile First, about us, extra Links. If you want to read the actual Colorado law, you can look it up here:.R.S. Monuments, web Development, mathematics, academic, software Quality, scripts.
The Colorado Mental Health Institute at Pueblo (cmhip) Campus, with that in mind, what happens if the issue of competency is raised in People. Many people are legitimately assuming the issue of competence will be raised in his case, and it is understandable for people to be worried that it might be a loophole in the law, or a way for him to avoid punishment. M m/drmaxwachtel m/mwachtel, posted in: #theatershooting, incompetent, James Holmes. The court will order a competency evaluation, and most likely, Holmes will be sent to the. If Holmes is deemed competent to stand trial, his legal case will proceed just like normal. Holmes will be evaluated by some of the best forensic psychologists in the country. It will then be up to the judge to make the final legal ruling. The DA will want to make sure Holmes' competency-related abilities are documented in the record before he faces his charges so there aren't any questions about them afterward if he is convicted. If he does not have either of these abilities, it must be determined that his "incompetence" is caused by either a mental disability or developmental disability. It is a matter of legal fact that must be decided by the court.
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