Q: Does there have to be a professional comp eval for a retrospective comp hearing in TX
Defendants attorney requested a professional comp eval before trial, the judge held informal eval and stated not enough evidence of incompetency. On appeal the appealate court found some evidence and sent back to trial court. The trial judge still refused to give professional psyc eval at the retrospective comp trial. Is this against the rules?
A: This does not belong in the Criminal Defense topic section. Maybe re-post under something like Personal Injury or Workman's Comp or at least something involving Civil Law instead of Criminal.
A: When you say comp hearing, are you talking about competency to stand trial?
Kiele Linroth Pace agrees with this answer
A:
If attorney Edgardo Rafael Baez's guess about competency to stand trial is correct then please ignore my prior response with regard to Workman's Comp!
It is not "against the rules" for the trial court to reach the same result on a case that was returned by the appeals court. Sometimes a returned case means the trial court used the wrong analysis rather than reached the wrong conclusion. Ask your appeals lawyer if the new ruling follow's the appellate court's order.
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