State v. Mosby
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The Supreme Court reversed the order of the district court reinstating dismissed criminal charges against Defendant over Defendant's counsel's objection, holding that the court erred in resuming the dismissed criminal case after Defendant spent years in civil commitment following an earlier finding of his lack of fitness to proceed.
In 2005, Defendant was charged with felony sexual assault and misdemeanor indecent exposure. The district court found Defendant unfit to proceed and suspended the criminal process to determine whether Defendant could gain competency to stand trial. The district court later found that Defendant met the requirements for civil commitment, and for years thereafter, the State successfully filed petitions for recommitment in Defendant's civil case. In 2017, Defendant requested a hearing regarding his recommitment and time to complete another psychological evaluation. In return, the State entered a new motion in its dismissed criminal case from 2005. The district court reinstated Defendant's criminal case so that Defendant could remain committed while the criminal case moved forward. Defendant pleaded guilty to sexual assault while reserving issues for appeal. The Supreme Court reversed the district court's decisions granting the State's motion to reevaluate Defendant's fitness to proceed and reopening his criminal case, holding that double jeopardy and other due process considerations precluded the State from resuming Defendant's criminal case.
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