Section 15.7 Legal Test

• Library: Criminal Practice 2012 Supp

2. (§15.7) Legal Test

The test for fitness to stand trial and whether the accused is competent to plead are the same. This test is whether an accused has sufficient present ability to consult with counsel with a reasonable degree of rational understanding and whether the accused has a rational, as well as factual, understanding of the proceedings; the determination is made by the trial court. Dusky v. United States, 362 U.S. 402 (1960); Barnett v. State, 618 S.W.2d 735 (Mo. App. E.D. 1981); State v. Hunter, 840 S.W.2d 850 (Mo. banc 1992), cert. denied, 509 U.S. 926 (1993), reh’g denied, 510...