Legal Opinion

Smith v. State

Indiana Court of Appeals

Decided November 19, 1981No. 3-881A197Published

1Opinion of the Court

GARRARD, Judge.

Appellant Smith is charged with murder. He brought this interlocutory appeal to challenge the trial court’s determination of July 8, 1981 that he is competent to stand trial.

At the outset we point out that the question of competency to stand trial is ill suited to interlocutory review. In the present instance appellant’s reply brief was not filed until October 19, 1981, and our review follows. We, of course, find it difficult to project for any given individual what the lapse of four or more months may mean in terms of his continued ability or inability to adequately…

2Cases cited8 opinions

  1. Dusky v. United StatesSupreme Court of the United States · 1960
  2. Malo v. StateIndiana Supreme Court · 1977
  3. Lamb v. StateIndiana Supreme Court · 1975
  4. Evans v. StateIndiana Supreme Court · 1973
  5. McMahan v. StateIndiana Supreme Court · 1978

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