Legal Opinion · Dissent

Bradley v. State

Court of Appeals of Mississippi

Decided January 15, 2013No. 2010-KA-01480-COAPublished

1DissentCarlton, J.

¶ 26. I respectfully dissent. I submit this dissent due to the following constitutional concerns in this case: (1) the violation of procedural due process by the denial of Bradley’s request for access to the State’s procedures for a psychiatric examination upon raising a reasonable question of his competency to stand trial, and (2) Bradley and his counsel presented sufficient evidence to satisfy his burden of proof to raise a reasonable question as to his legal competency to stand trial, and his ability to understand the proceedings and rationally assist in making his defense.

I.…

2Cases cited15 opinions

  1. Dusky v. United StatesSupreme Court of the United States · 1960
  2. Medina v. CaliforniaSupreme Court of the United States · 1992
  3. Evans v. StateMississippi Supreme Court · 1997
  4. Howard v. StateMississippi Supreme Court · 1997
  5. Dezso John Lokos v. Walter Capps, WardenCourt of Appeals for the Fifth Circuit · 1980

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