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Home / Courts / Criminal Practice Constitutional – Competency Evaluations – Summary Courts – Costs (access required)

Criminal Practice Constitutional – Competency Evaluations – Summary Courts – Costs (access required)

S.C. Code Ann. § 44-23-410 provides procedural requirements for circuit courts and family courts ordering competency evaluations. Although the statute does not mention summary courts, it does not prohibit such courts from ordering competency evaluations. Because a competency determination is required by due process when the trial court suspects the defendant lacks competence, we construe ...

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