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United States Eighth Circuit


US v. Ghane, 08-3700

In defendant's appeal from a district court order finding him mentally incompetent to stand trial, the order is reversed where: 1) the magistrate judge erred in relying too much on defendant's actions two years prior to the current competency determination, particularly in light of defendant's actions since that time; and 2) the magistrate judge erred in relying on defendant's desire to be found competent as evidence of his incompetence to stand trial.

Appellate Information

  • Decided 01/29/2010
  • Published 01/29/2010

Judges

  • Before MURPHY, HANSEN, and BYE, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

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