Sunday, July 8, 2012

Reinke v. State of Texas

Reinke had spent 20 years incompetent to stand trial for attempted murder cycling in and out of jail to a state hospital. Texas law states that a defendant cannot be held, whether in a state hospital or a jail, longer than the maximum term of the sentence for the charged offense. The Travis County DA's office argued that because of previous crimes that the defendant's charge must be enhanced, thus making the possible sentence longer. The Court of Criminal Appeals disagreed. Here is the opinion. Although this may not be a monumental ruling, it will be case law to say that enhancements don't count in the maximum time the state can hold a person incompetent to stand trial. Now that he will be released, what will happen to him? Will he get the supports he needs to maintain his community tenure?

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