Cosmas v. Bloomingdales Bros., Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that defense counsel sought competency determination after state re-filed charges against defendant previously found incompetent
• finding that the State had “reasonable grounds to believe that [the defendant] may have regained competency” because all of the following circumstances existed: (1) the state hospital was planning to discharge the defendant, (2
• noting that “the state’s ability to refile charges” against an incompetent defendant “has limits,” and “the state may not continually refile charges for the purpose of holding a defendant based only on his chronic incompetence to stand trial”
• “The treatment that a person receives while civilly committed may have the result of restoring competency,” and so “the state may refile charges if post-dismissal events suggest that the defendant has regained competency.”

Source: CourtListener parenthetical corpus (CC0).