449 SO2D 417 - Brown v. State

How this case has been cited

Cited by 4 later decisions — most recently January 2011

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Bennett H. Brummer, Public Defender, and May L. Cain, Sp. Asst. Public Defender, for appellant.

¶2Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.

¶3Before HUBBART, FERGUSON and JORGENSON, JJ.

¶4PER CURIAM.

¶5Upon the authority of State v. Williams,447 So.2d 356 (Fla. 1st DCA 1984), this action is remanded for a hearing to determine the defendant's competency at the time of his trial in May, 1983. At oral argument it was learned that the three psychiatric experts who originally examined the defendant are still available to testify and the hearing should, therefore, contain their testimony as well as other evidence the state or the defense may offer. Should the trial court determine that the defendant's competency in May, 1983, cannot be sufficiently established to protect his due process rights, the trial court should grant a new trial.

¶6Remanded for further proceedings.