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...
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