[Download] "Ralph Edward Williams v. State Texas" by Court of Criminal Appeals of Texas No. 098-83 * Book PDF Kindle ePub Free

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Title: Ralph Edward Williams v. State Texas
Author : Court of Criminal Appeals of Texas No. 098-83
Release Date : January 18, 1984
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

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CLINTON, Judge Opinion ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW The question upon which we granted discretionary review is: When an issue of incompetency to stand trial is raised during trial, by what standard is the trial court to determine whether there is evidence to support a finding of incompetency to stand trial? Stated in other terms, was Johnson v. State, 564 S.W.2d 707 (Tex.Cr.App. 1978) correctly decided, given the subsequent opinion of the Court in Sisco v. State, 599 S.W.2d 607 (Tex.Cr.App. 1980). On original submission the Amarillo Court of Appeals followed Sisco v. State, supra, found some probative evidence that appellant was not competent to stand trial, sustained his second ground of error and reversed the judgment, remanding the cause to the trial court to conduct a hearing before a jury to determine the matter. Williams v. State, 628 S.W.2d 848 (Tex.App. - Amarillo 1982).