A trial judge properly relied on an eight-month-old psychiatric report to deem a defendant fit to stand trial even though he’d twice been deemed unfit for trial between his arrest and his competency hearing, the North Carolina Supreme Court ...

Tagged with: Competency

State v. Mobley (Lawyers Weekly No. 011-029-17, 18 pp.) (Valerie Zachary, J.) Appealed from Gaston County Superior Court (Carla Archie, J.) N.C. App. Holding: Even though the trial court’s colloquy with defendant revealed that he understood the nature and object ...

Tagged with: Competency

Jordan v. Jordan (Lawyers Weekly No. 15-16-0746, 7 pp.) (Donna Stroud, J.) Appealed from Union County Superior Court (Anna Mills Wagoner, J.) N.C. App. Unpub. Holding: Although the decedent-father’s will divided his estate equally among his four children, it was ...

Tagged with: Competency

U.S. v. Watson (Lawyers Weekly No. 15-01-0731, 79 pp.) (Harris, J.) No. 14-4388, July 17, 2015; USDC at Alexandria, Va. (Ellis, J.) 4th Cir. Holding: A divided 4th Circuit panel reverses an order allowing forcible medication of a detainee who ...

Tagged with: Competency

State v. Newson (Lawyers Weekly No. 15-07-0117, 23 pp.) (Linda McGee, C.J.) Appealed from Cumberland County Superior Court (Tanya Wallace, J.) N.C. App. Holding: Even though one psychologist opined that defendant experienced some kind of delusional disorder, numerous other doctors ...

Tagged with: Competency

State v. Joiner (Lawyers WeeklyNo. 14-07-1125, 21 pp.) (Linda McGee, Ch. J.) Appealed from Forsyth County Superior Court (R. Stuart Albright, J.) N.C. App. Holding: Even though the trial court was unable to properly make the inquiry required by G.S. ...

Tagged with: Competency

In re J.R.W. (Lawyers Weekly No. 14-07-1067, 14 pp.) (Linda Stephens, J.) Appealed from Guilford County District Court (Angela Foster, J.) N.C. App. Holding: Nothing in G.S. § 7B-1101.1(c) requires a trial court to conduct an inquiry to determine whether ...

Tagged with: Competency guardian ad litem

Dixon v. Rocky Mount Undergarment Co. Plaintiff's treating psychologist believed plaintiff had been incompetent since his alleged slip and fall at work in 1986, such that the statute of limitations had not . . .

Tagged with: Causation Competency Slip and Fall Workers Compensation

U.S. v. White. (Lawyers Weekly No. 10-01-0948, 50 pp.) (Davis, J.)  No. 09-7933, Sept. 22, 2010; USDC at Raleigh (Dever, J.) 4th Cir. Holding: The 4th Circuit reverses a trial court order that allowed forcible medication of a defendant, charged ...

Tagged with: Competency Criminal Practice

In re Church. (Lawyers Weekly No. 10-16-0710, 18 pp.) (Sam Ervin IV, J.) Appealed from Ashe County District Court (Mitchell McLean, J.) N.C. App. Unpub. Holding: The fact that someone has been charged with murder is not evidence that he ...

Tagged with: Civil Practice Competency involuntary commitment