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POWELL v. DEPT. OF HEALTH

No. 77, Sept. Term, 2016.

168 A.3d 857 (2017)

455 Md. 520

Fredia POWELL, et al. v. MARYLAND DEPARTMENT OF HEALTH, et al.

Court of Appeals of Maryland.

August 28, 2017.

Attorney(s) appearing for the Case

Argued by Ralph S. Tyler ( Maggie T. Grace , Susan R. Schipper , Kelly E. Johnson , Venable LLP, Baltimore, MD), on brief, for Appellants.

Argued by Matthew J. Fader , Assistant Attorney General ( Julia Doyle Bernhardt , Kathleen A. Ellis , Assistant Attorneys General, Brian E. Frosh , Attorney General of Maryland, Baltimore, MD), on brief, for Appellee.

Argued before Barbera, C.J., Greene, Adkins, McDonald, Hotten, Getty, Irma S. Raker (Senior Judge, Specially Assigned), JJ.

A criminal prosecution may not proceed against a defendant who is not competent to stand trial. For that reason, a defendant may not be continued in pretrial detention unless the government is taking steps to provide treatment to restore the defendant to competence or to have the defendant civilly committed. Maryland law provides for...

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