Sangster v. State

RODOWSKY, Judge.

This case involves the procedure by which a trial court determines the competency of an accused to stand trial. The issue is whether a trial judge may, over objection by the accused, consider in written report form the opinions as to the accused’s competency expressed by psychiatrists who examined the accused pursuant to Md.Code (1982, 1987 Cum.Supp.), § 12-104 of the Health-General Article (H-G). At the pretrial competency hearing in the instant matter the petitioner presented expert testimony that he was not competent to be tried. Under these circumstances the petitioner…