Legal Opinion · Dissent

State v. Edwards

South Dakota Supreme Court

Decided November 25, 1997No. NonePublished

1DissentSabers, Justice

[¶ 20.] Based upon Edwards’ statements, Dr. Kennelly’s observations, and defense counsel’s concerns, Edwards’ competence to properly assist in his defense was clearly in question. Once the trial court was presented with a reasonable basis upon which to conclude Edwards may be incompetent, it should have ordered a competency hearing.

At any time after the commencement of a prosecution for an offense and prior to the sentencing of the defendant, the defendant or the prosecuting attorney may file a motion for a hearing to determine the mental competency of the defendant. The court shall grant the…

2Cases cited8 opinions

  1. Drope v. MissouriSupreme Court of the United States · 1975
  2. In Re the Termination of the Franchise Agreement Between Groseth International, Inc.South Dakota Supreme Court · 1989
  3. Larry Branscomb v. Larry Norris, Director, Arkansas Department of CorrectionCourt of Appeals for the Eighth Circuit · 1995
  4. State v. JonesSouth Dakota Supreme Court · 1987
  5. Person v. PetersonSouth Dakota Supreme Court · 1980

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