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Abstract: 

Must the accused be present and participate at his own competency evaluation? That is one of the key issues raised in U.S. v. Zavesky. We examine the 8th Circuit decision finding that plaintiff Zavesky was not able to demonstrate that he had suffered any serious harm from being declared competent to stand trial in a forensic evaluation he was unable (or unwilling) to participate in due to behavioral issues arising from his mental illness. This brief case summary is especially helpful in clarifying federal rules of procedure for forensic evaluations.

Keywords: Competency evaluation

Affiliations:  1: Executive Editor.