Legal Question in Criminal Law in Michigan

Competency To Stand Trial and Amnesia

I am looking for the legal history of establishing the Competency To Stand Trial of someone who suffers from total amnesia for the crime and circumstances surrounding the offense due to a closed head injury. This issue may relate to previous cases outside of Michigan or in the Federal Courts. The author of this question is an experienced forensic psychologist currently working on such a case. Any help will be greatly appreciated.


Asked on 12/28/01, 1:16 pm

1 Answer from Attorneys
Nancy Moore Nancy L. Moore, Esq.

Re: Competency To Stand Trial and Amnesia

If you would like, I can email you a host of Michigan case law cites that deal with competency to stand trial. A defendant is presumed competent so the burden is on the defense to establish incompetency by rebutting that presumption(which you probably already know). The trial court must find that, due to his mental condition, the defendant is incapable of understanding the nature and object of the proceedings OR of assisting in his defense in a rational manner. People v. Ritsema, 105 Mich.App. 602 (1981); People v. Snyder, 108 Mich.App. 754 (1981). My email address is: [email protected] and office phone number is (734) 591-3737. Feel free to contact me.

Read more
Answered on 12/29/01, 11:30 am


Related Questions & Answers

More Criminal Law questions and answers in Michigan