Ex Parte Lankford

The issue in this case is whether a circuit judge has the authority under Ala. Code 1975, § 15-16-21, to order a competency evaluation of an indicted defendant who has been found previously to be incompetent to stand trial and who is free on a pre-trial bond.

In 1975, Heflin Mack Lankford was indicted, tried by a jury, and convicted of first degree murder. This Court reversed that conviction on appeal. Langford v. State,1 354 So.2d 297 (Ala.Crim.App.), reversed, 354 So.2d 313 (Ala. 1977). In 1978, Lankford was indicted for second degree murder. On May 12, 1978, a competency hearing was held to…