Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

To decide competency to stand trial, a district court must determine whether 'the defendant is presently suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense.' 18 U.S.C. § 4241(d). While ''a district court's determination of competency to stand trial may not be set aside on review unless it is clearly arbitrary or unwarranted,'' United States v. Birdsell, 775 F.2d 645, 648 (5th Cir. 1985) (quoting United States v. Hayes, 589 F.2d 811, 822 (5th Cir. 1979)), an appeals court 'should take a hard look at the trial judge's ultimate conclusion and not allow the talisman of clearly erroneous to substitute for thoroughgoing appellate review of quasi-legal issues.' United States v. Makris, 535 F.2d 899, 907 (5th Cir. 1976); see also Birdsell, 775 F.2d at 648. 

Register or login to access full content



Professors
Professionals
Students