Burden and standard of proof

If the defendant, state, or court asserts that a defendant is mentally incompetent to proceed, the state has the burden of proving the mental competence of the defendant by a preponderance of the evidence. Source: SL 1984, ch 178 ; SL 1988, ch 190 . 23A-10A-7 to 23A-10A-9. Repealed by SL 1985, ch 192 , §§ 42 to 44