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It is a violation of the equal protection clause to subject an incompetent to stand trial defendant to a more lenient commitment standard and to a more stringent standard of release than generally applicable to those who have never been charged with criminal offenses.

June 17, 2017/by Michael L. Perlin, JD and Heather Ellis Cucolo

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It is a violation of the equal protection clause to subject an incompetent to stand trial defendant to a more lenient commitment standard and to a more stringent standard of release than generally applicable to those who have never been charged with criminal offenses.