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Home / Opinion Digests / Criminal Law / More Testing Needed for ‘Competency’ Decision (access required)

More Testing Needed for ‘Competency’ Decision (access required)

Because the clinical psychologist who initially found defendant competent to stand trial stated that his opinion might change if defendant had an appropriate neurological examination, including an EEG and CAT scan and/or MRI, a Hanover Circuit Court orders the additional testing for defendant, under the authority of Ake v. Oklahoma and Virginia law. Is an indigent ...