Norman Silverstein v. Robert Henderson

How courts have described this case

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

• holding that trial court must order a hearing if “reasonable ground” exists for believing that a defendant may be incompetent to stand trial
• reasoning that conflicting psychiatry reports triggered a trial court’s duty to conduct a competency hearing
• noting that the question is whether a defendant is “incompetent to stand trial ”
• hearing six years after the fact “would be a wholly inadequate substitute for the ‘concurrent hearing’ into competency mandated by Pate ”
• observing that “New York law provides the procedural protection Pate requires”
• evidence that defendant had long institutional history as well as previous diagnoses finding him retarded and possibly schizophrenic triggered need for competency hearing

Source: CourtListener parenthetical corpus (CC0).