Mike Morath, Commissioner of Education v. Sterling City Independent School District, Highland Independent School District, and Blackwell Consolidated Independent School District

How courts have described this case

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

• explaining that a retroactive determination of competency is permissible if “there are enough expert and lay witnesses who examined or observed the defendant contemporaneous with the relevant stage of the proceeding and are available to offer pertinent evidence at a retrospective hearing”
• remanding where “it is unclear from the record whether the trial court actually reviewed the expert’s report declaring appellant competent to proceed”
• “In fact, it is unclear from the record whether the trial court actually reviewed the expert’s report declaring appellant competent to proceed.”
• “[W]hile defense counsel did make repre sentations below to the effect that appellant’s competency had been restored, the court was not permitted to simply rely on defense counsel’s representations”

Source: CourtListener parenthetical corpus (CC0).