State v. Ray
Annotate this CaseDefendant entered a plea of not criminally responsible to charges of first-degree attempted murder and was found incompetent to stand trial. Defendant was committed to the Perkins Hospital for several years waiting to become competent to stand trial. The charges against him were eventually dismissed pursuant to Md. Code Crim. Proc. 3-107(a), which requires dismissal of charges upon passage of certain time period. The State subsequently re-indicted Defendant, who was again found incompetent and placed at Perkins for another round of incompetency-to-stand-trial (IST) treatment. Defendant challenged his re-indictment, arguing that the State could not continue to confine him by re-indicting him on the same charges that were required to be dismissed. The appellate court reversed. The Supreme Court vacated the appellate court's ruling and remanded, holding (1) section 3-107 expressly provides that a dismissal of charges is without prejudice; but (2) nevertheless, Defendant's IST committment was improper, as (i) the passage of five years without Defendant's becoming competent and the resulting dismissal of his original charges under section 3-107 created the presumption that Defendant could not be restored to competency, and (ii) ordering Defendant in IST commitment, while the presumption that he was unrestorable was in place, was error.
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