Section 15.45 Motion to Dismiss Based on Inability to Defend Because of Incapacity and Lack of Substantial Evidence

• Library: Criminal Practice 2012 Supp

G. (§15.45) Motion to Dismiss Based on Inability to Defend Because of Incapacity and Lack of Substantial Evidence

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Motion to Dismiss

The defendant, ___________________, by counsel, moves the Court to dismiss this case.

As grounds for this motion, the defendant would show to the Court as follows:

1. The defendant was found by the Court to be mentally unfit to proceed on __________________, 20____. The defendant is now confined at [name of facility] pursuant to this Court’s order.

2. The defendant...