[Download] "State v. Santillanes" by New Mexico Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: State v. Santillanes
- Author : New Mexico Court of Appeals
- Release Date : January 16, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Defendants appeal from his shoplifting conviction presents procedural questions involving his competency to stand trial after having been determined to be incompetent. The procedural problems go beyond the procedure outlined in State v. Noble, 90 N.M. 360, 563 P.2d 1153 (1977). We discuss: (1) redetermination of competency; (2) burden of going forward with evidence; and (3) burden of persuasion and instruction on incompetency. We do not discuss the admissibility of defendants statement which the trial court refused to suppress. The standard for determining defendants mental capacity to make the statement is stated in State v. Chavez, 88 N.M. 451, 541 P.2d 631 (Ct. App.1975); the standard for determining voluntariness and an intelligent waiver is discussed in State v. Burk, 82 N.M. 466, 483 P.2d 940 (Ct. App.1971), cert. denied, 404 U.S. 955, 92 S. Ct. 309, 30 L. Ed. 2d 271 (1971).
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