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N.C. Gen. Stat. § 15A-1001

No proceedings when defendant mentally incapacitated; exception

Applied in 39 court decisions — leading case Ford v. Wainwright (1986)

Most recently applied in 264 N.C. App. 640 - State v. Smith (March 2019)

1973, c. 1286, s. 1.

How often courts cite this section

1984199020002010201940
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) No person may be tried, convicted, sentenced, or punished for a crime when by reason of mental illness or defect he is unable to understand the nature and object of the proceedings against him, to comprehend his own situation in reference to the proceedings, or to assist in his defense in a rational or reasonable manner. This condition is hereinafter referred to as "incapacity to proceed."

(b) This section does not prevent the court from going forward with any motions which can be handled by counsel without the assistance of the defendant.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.