Nowitzke v. State

How courts have described this case

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

• holding prosecutor's closing argument misstatement of defendant's burden on insanity defense required new trial
• holding: “Under both Florida and federal law, it is well-settled that due process prohibits a person accused of a crime from being proceeded against while incompetent.”
• finding error in admission of police officer’s opinion about whether defendant’s demeanor showed he had previously sold drugs
• finding error where the trial court failed to hold a second competency hearing after the formerly incompetent defendant exhibited bizarre behavior while entering his plea
• defendant found incompetent to stand trial, later declared competent after treatment and tried in spite of recurring aberrant behavior and defense request for another competency examination
• error in failing to conduct competency hearing prior to trial

Source: CourtListener parenthetical corpus (CC0).