Supreme Court of South Carolina

State v. Bellardino

October 23, 2019

Summary

The South Carolina Supreme Court held that section 44‑23‑410 does not bar summary courts from ordering competency evaluations, affirming the due‑process requirement that a court suspecting incompetence must be able to order an evaluation, and it placed the cost of such evaluations on the prosecuting entity. The Court declined to declare the statute unconstitutional.