Ex parte McKenzie
Ex parte McKenzie
Opinion of the Court
OPINION FOLLOWING REMAND
This is an application for post-conviction writ of habeas corpus filed pursuant to Article 11.07, V.A.C.C.P.
When the proceedings first reached this court, it was determined that in 1974, prior to petitioner’s trial and conviction for murder, at a second hearing on competency (restoration proceedings) the charge contained a constitutionally inadequate definition of competency. In our original opinion of June 13,1979, the cause was remanded to the trial court to determine now, if possible, whether the petitioner was competent to stand trial in 1974. The opinion then added, “If such a determination is possible, a competency hearing shall be held in accordance with Article 46.02, V.A.C.C.P.”
It appears from the trial court’s findings of fact and conclusions of law that it is now
We have received a five page supplemental transcript including the aforesaid findings of fact and conclusions of law,
It is so ordered.
. It appears that Honorable George Walker of the 185th District Court conducted the said hearing and made the findings of fact and conclusions of law. The approval of the five page clerk’s transcription commences with “I, George Walker, Judge of the 185th District Court of Harris County, Texas . . It is signed “I. D. McMaster,” and the approval of the record is undated.
. The transcription of the court reporter’s notes of the said hearing are certified to by the court reporter, but is not included in the approval of the record mentioned above in footnote # 1.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.