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 shifts the burden to the State to prove competency beyond a reasonable doubt, and that the trial court erred by instructing the jury that the burden was a preponderance of the evidence. The case was remanded for a new competency hearing. Justice ONION dissented, arguing the record did not show an unvacated prior adjudication.