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James Francisco Payne v. State of Indiana
23A-CR-2325
Criminal. Reverses Vanderburgh Superior Court Judge Robert Pigman’s denial of James Payne’s motion to set aside the court’s guilty verdict of Level 5 felony battery with a deadly weapon and habitual-offender finding and the revocation of Payne’s probation. Finds that Payne was not competent to stand trial and his trial and conviction were a denial of federal due process and a violation of Indiana Code section 35-36-3-1. Cautions all involved to closely monitor Payne’s mental state and to ensure he is competent before any re-trial or probation-revocation hearing. Remands for further proceedings. Judge Paul Felix dissents with separate opinion. Appellant’s attorney: Matthew McGovern; Apellee’s attorneys: Attorney General Todd Rokita, Supervising Deputy Attorney General Caroline Templeton.
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