IN RE CAREY

Docket No. 219592.

615 N.W.2d 742 (2000)

241 Mich. App. 222

In the Matter of David Anthony CAREY, Minor. People of the State of Michigan, Petitioner-Appellee, v. David Anthony Carey, Respondent-Appellant.

Court of Appeals of Michigan.

Decided May 19, 2000, at 9:05 a.m.

Released for Publication August 29, 2000.


Attorney(s) appearing for the Case

Dennis P. Grenkowicz, Prosecuting Attorney, and Robert A. Reuther, Chief Assistant Prosecutor, for the petitioner.

Silver & Elder (by David S. Elder), Alpena, for the respondent.

Before BANDSTRA, C.J., and MARK J. CAVANAGH and ZAHRA, JJ.


BANDSTRA, C.J.

In this appeal we consider whether a court must determine the competency of a juvenile accused of an offense when a claim is raised that the juvenile is incompetent to stand trial in the adjudicative phase of a delinquency proceeding. We hold that the Due Process Clause requires this determination. We further hold that, in making this determination, the provisions of the Mental Health Code applicable to determinations of adult competency for criminal...

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