Joel Carson v. Hon. gentry/state

Summary

The Court held that the State may refile charges against a defendant previously found not competent and not restorable without obtaining judicial preapproval, so long as it reasonably believes the defendant's competency may have changed. It further held that a dangerousness trial requires pending charges, may rely on a prior finding involving the same conduct, is not barred by the passage of the twenty-one-month restoration period, and may be authorized under the statute retroactively. The Court affirmed the trial court's orders, vacated the contrary appellate decision, and remanded for proceedings consistent with these principles.