Court of Criminal Appeals of Texas

Keith Dwight Manning, Appellant v. the State of Texas, Appellee

April 29, 19871987 Tex. Crim. App. LEXIS 580

Summary

The Court of Criminal Appeals held that a prior, unvacated adjudication of incompetency was shown, thereby shifting the burden to the State to prove competency beyond a reasonable doubt; it also held that the trial court's instruction that the burden was a preponderance of the evidence was incorrect and remanded for a new competency hearing. Justice ONION dissented, arguing insufficient evidence of an unvacated prior adjudication.