Walker v. State

Maryland Code, §§ 3-106 and 3-107 of the Criminal Procedure Article (CP) set forth the procedures to be followed when a defendant in a criminal case is found, by reason of mental disorder or retardation, to be incompetent to stand trial. The question presented to us is whether certain of those procedures, relating to the commitment of the defendant to a facility designated by the Department of Health and Mental Hygiene (DHMH) and to dismissal of the pending criminal charges, pass Constitutional muster when DHMH has concluded that the defendant is not likely to achieve competence within a…