TIMOTHY H. KENNEY, APPELLANT,
v.
JAMES LAMM, D/B/A TRIANGLE SERVICE GARAGE, AND STANFORD CLINTON, SR., AS AGENT AND/OR TANGLEWOOD ENTERPRISES, APPELLEES

Fla. 3d DCA | 1974-06-25
No. 73-1458
Before HENDRY and HAVERFIELD, JJ., and SMITH, SAMUEL, Associate Judge.
296 So. 2d 585 Florida District Court of Appeal, Third District (1974) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Reversed on authority of Murrell v. Trio Towing Service, Inc. et al., Fla.App.1974, 294 So. 2d 331.


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  • Hayward Lane v. State, 388 So. 2d 1022 (Fla. 1980)
    …s the need for a competency hearing is some type of irrational behavior or evidence of mental illness that would raise a doubt as to the defendant’s present competence. See also Bell v. State, 318 So. 2d 498 (Fla. 2d DCA 1975), and Harrell v. State, 296 So. 2d 585 (Fla. 1st DCA 1974). We are not unmindful of the problem raised by the trial court and the state that a defendant could directly cause his incompetency by intentionally failing to take the proper medication for his mental condition. We answered the…
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    …is sanity had not been “legally” determined in accordance with the requirements of Rule 3.210(a)(3) RCrP. See Butler v. State, Fla.App. 1st 1972, 261 So. 2d 508; Parks v. State, Fla.App. 4th 1974, 290 So. 2d 562; Harrell v. State, Fla.App. 1st 1974, 296 So. 2d 585. Thereupon, the trial judge continued the trial and set a date for a hearing on Bell’s mental condition in compliance with the rule, which hearing was held on November 19, 1973. At the hearing on September 24, 1973, defense counsel stated that it w…

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