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WALKER v. STATE

No. 44, Sept. Term, 2005.

895 A.2d 1024 (2006)

392 Md. 1

Robert Lee WALKER v. STATE of Maryland.

Court of Appeals of Maryland.

April 10, 2006.

Attorney(s) appearing for the Case

Julia Doyle Bernhardt, Assistant Public Defender (Nancy S. Forster, Public Defender, Baltimore), on brief, for petitioner.

Shannon E. Avery, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General of Maryland, Baltimore), on brief, for respondent.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.

WILNER, J.

Maryland Code, §§ 3-106 and 3-107 of the Criminal Procedure Article (CP) set forth the procedures to be followed when a defendant in a criminal case is found, by reason of mental disorder or retardation, to be incompetent to stand trial. The question presented to us is whether certain of those procedures, relating to the commitment of the defendant to a facility designated by the Department of Health and Mental Hygiene (DHMH) and to dismissal...

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