28 CFR 2.8 - Mental competency proceedings

Cite as28 CFR 2.8
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9 practice notes
  • Lopez v. Evans
    • United States
    • New York Supreme Court Appellate Division
    • December 27, 2012
    ...the nature and object of the proceedings against him and that he is able to assist in his defense in a rational way”); see also28 C.F.R. § 2.8(c)(2)(“[i]n the case of a parolee in a revocation proceeding, the Regional Commissioner shall postpone the revocation hearing and order that the par......
  • Caballery v. U.S. Parole Commission, No. 156
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • March 2, 1982
    ...of a committed youth offender's sentence commences to run and continues to run uninterruptedly from the date of conviction." See 28 C.F.R. § 2.8(c) (1963)-(1973). 2 This provision, known as the "no-street-time" rule, provided that, if parole was revoked for any reason, the parole violator w......
  • People ex rel. Fortunato v. Warden, Ga. Motchan Det. Ctr., 250019-14
    • United States
    • United States State Supreme Court (New York)
    • May 8, 2015
    ...the facts and recommending a decision as to revocation and reparole’ ” (Lopez, 25 N.Y.3d 199, 9 N.Y.S.3d 601, 31 N.E.3d 1197, citing 28 CFR 2.8 [e][2] ).In practice, though, it appears to be ignored, or at most afforded little weight. The reality is that the parole board either finds that t......
  • US v. McCarty, No. 90-98-HC-BR.
    • United States
    • United States District Courts. 4th Circuit. Eastern District of North Carolina
    • September 1, 1990
    ...found incompetent to participate in a revocation hearing may be transferred to a Bureau of Prisons facility for further examination. 28 C.F.R. § 2.8 (1989). The record before the court indicates that McCarty has been found incompetent under § 2.8, and is presently being held pursuant to tha......
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8 cases
  • Lopez v. Evans
    • United States
    • New York Supreme Court Appellate Division
    • December 27, 2012
    ...the nature and object of the proceedings against him and that he is able to assist in his defense in a rational way”); see also28 C.F.R. § 2.8(c)(2)(“[i]n the case of a parolee in a revocation proceeding, the Regional Commissioner shall postpone the revocation hearing and order that the par......
  • Caballery v. U.S. Parole Commission, No. 156
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • March 2, 1982
    ...of a committed youth offender's sentence commences to run and continues to run uninterruptedly from the date of conviction." See 28 C.F.R. § 2.8(c) (1963)-(1973). 2 This provision, known as the "no-street-time" rule, provided that, if parole was revoked for any reason, the parole violator w......
  • People ex rel. Fortunato v. Warden, Ga. Motchan Det. Ctr., 250019-14
    • United States
    • United States State Supreme Court (New York)
    • May 8, 2015
    ...the facts and recommending a decision as to revocation and reparole’ ” (Lopez, 25 N.Y.3d 199, 9 N.Y.S.3d 601, 31 N.E.3d 1197, citing 28 CFR 2.8 [e][2] ).In practice, though, it appears to be ignored, or at most afforded little weight. The reality is that the parole board either finds that t......
  • US v. McCarty, No. 90-98-HC-BR.
    • United States
    • United States District Courts. 4th Circuit. Eastern District of North Carolina
    • September 1, 1990
    ...found incompetent to participate in a revocation hearing may be transferred to a Bureau of Prisons facility for further examination. 28 C.F.R. § 2.8 (1989). The record before the court indicates that McCarty has been found incompetent under § 2.8, and is presently being held pursuant to tha......
  • Request a trial to view additional results

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