Section 6.15 Incompetence to Proceed

• Library: Criminal Practice 2012 Supp

B. (§6.15) Incompetence to Proceed

Chapter 552, RSMo, applies at the associate circuit level before and during the preliminary hearing stage of the proceedings. An associate circuit judge has jurisdiction to inquire into the defendant’s mental fitness to proceed under § 552.020, RSMo 2000. State ex rel. Vaughn v. Morgett, 526 S.W.2d 434 (Mo. App. W.D. 1975). This does not translate into unfettered discretion to order a mental evaluation. A court lacks jurisdiction to order a mental evaluation under Chapter 552 when mental disease or defect is not raised by the defense and there was no...