14 December 2010

The CVG - Cestui Que Vie Trust posse mounts a defense in Milford, NH that has the Judge leaving the Bench, err... vessel.... and calling for psychiatric competency examinations.

I don't fully understand what is going on here, but it is fascinating to watch. I just want to know what the processes are involved, so I'll be following up as the case develops. Does the Defendant have a right to a second medical opinion? Can he fire his Public Defender before he undergoes the evaluation? What will the ultimate punishment be for what stemmed from a fairly mundane failure to inspect/registration issue? The police told him to drive his car home a few hundred feet down the road from where he was blueberry picking but then things got complicated.

Methinks he gets a second opinion from his own physician at a minimum: Accordingly, we hold that competency determinations sufficiently implicate reputational interests to warrant the protection afforded by the State Due Process Clause, State v. Veale, NH Supreme Court, 
2006-043, 2008-442 (2009).

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