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Capacity finding needed for insanity ruling  (access required)

  A trial judge erred when he declared a defendant not guilty by reason of insanity without determining whether the defendant was capable to proceed, the North Carolina Court of Appeals has unanimously ruled in a case of first impression.   After Erik Myrick was charged with assaulting a detention center employee, a Bertie County Superior Court judge granted a motion by Myrick’s defense attorney to have Myrick examined for capacity to ...

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