Delfin v. State

OPINION

OSBORN, Justice.

CASE SUMMARY

This case involves the question of whether there may be a waiver of a jury in a temporary commitment case of a proposed patient believed to be mentally ill, and who stands charged with a criminal offense. Having concluded that such right may not be waived, the judgment of the trial Court is reversed.

FACTS

The Appellant was indicted by a Grand Jury for causing serious bodily injury to a child. A District Court jury determined that Appellant was incompetent to stand trial and that there was no substantial probability that he would attain the competency to stand…