Legal Opinion
In Re Carey
Michigan Court of Appeals
Decided August 29, 2000No. Docket 219592PublishedCited by 24 opinions
1Opinion of the CourtBandstra, C.J.
In this appeal we consider whether a court must determine the competency of a juvenile accused of an offense when a claim is raised that the juvenile is incompetent to stand trial in the adjudicative phase of a delinquency proceeding. We hold that the Due Process Clause requires this determination. We further hold that, in making this determination, the provisions of the Mental Health Code applicable to determinations of adult competency for criminal trials should be employed. We reverse and remand for further proceedings.
FACTS
A petition was filed in the Alpena County Probate Court, Juvenile…
2Cases cited22 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- In Re GAULTSupreme Court of the United States · 1967
- Dusky v. United StatesSupreme Court of the United States · 1960
- Drope v. MissouriSupreme Court of the United States · 1975
- McKeiver v. PennsylvaniaSupreme Court of the United States · 1971
17 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- In Re Susser EstateMichigan Court of Appeals · 2003
- Golden v. StateSupreme Court of Arkansas · 2000
- In re J.M.Supreme Court of Vermont · 2001
- People v. AndersonMichigan Court of Appeals · 2012
- People v. Van TubbergenMichigan Court of Appeals · 2002
19 more not listed; retrieve them via the Exa API.