Section 15.11 Requirement for Hearing

• Library: Criminal Practice 2012 Supp

6. (§15.11) Requirement for Hearing

When the trial court fails to conduct a hearing on the defendant’s mental fitness to proceed when there is evidence to raise a bona fide doubt as to competence of the defendant, the United States Supreme Court has stated that the defendant is denied a fair trial. Pate v. Robinson, 383 U.S. 375 (1966).

This requirement for a hearing continues throughout all stages of the proceeding if the trial court has reasonable cause to believe that the defendant has a mental defect or disease excluding fitness to proceed even when the psychiatric report certifies the accused as fit to proceed (e.g., defendant’s absurd behavior on witness stand during trial). King v. State, 581 S.W.2d 842 (Mo. App. E.D. 1979); State v. Moon, 602 S.W.2d 828 (Mo. App. W.D. 1980); State v. Messenheimer, 817 S.W.2d 273 (Mo. App. S.D. 1991)...