United States Eighth Circuit

After finding that a defendant is incompetent to stand trial, a district court must commit the defendant to the Attorney General's custody for a reasonable time to evaluate whether treatment would allow the trial to proceed, even when medical reports show by a preponderance of evidence that defendant's condition is permanent.

Appellate Information

• Decided 03/11/2003
• Published 03/11/2003

Judges

• WEBBER, District Judge., Before LOKEN and MORRIS SHEPPARD ARNOLD, Circuit Judges, and WEBBER, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Gary W. Hart, argued, Leawood, KS (David B. Helfrey, St. Louis, MO, on the brief), for appellant.


• For Appellees:
  
• Bruce E. Clark, argued, Asst. U.S Atty., Kansas City, MO, for appellee.