# Barber v. State

> Court of Criminal Appeals of Texas · September 16, 1987 · 737 S.W.2d 824

URL: https://www.frixlaw.com/law-library/cases/9768980

## Case

- **Full name:** Danny Lee BARBER, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** September 16, 1987
- **Citations:** 737 S.W.2d 824; 1987 Tex. Crim. App. LEXIS 639
- **Precedential status:** Published
- **Opinion:** Dissent by McCORMICK
- **Judges:** Onion, McCormick, Campbell, White
- **Cited by:** 65 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9768980

## How later opinions describe it (automated extraction)

- recognizing a retrospective determination of the competency of an accused “can be made within the limits of due process depending upon the quality and quantity of the evidence available”
- applying the Sisco-Williams line of cases and remanding for an after-the-fact competency hearing

## Opinion text

McCORMICK, Judge,
dissenting.
Because I can find no evidence in the record which would support a finding of incompetency in this case, I respectfully dissent to the remand.
As the majority opinion demonstrates, Dr. Lett’s testimony that appellant was incompetent was based entirely upon Dr. Lett’s erroneous conclusions that people don’t shoot fish with a bow and arrow and *838 that the Dallas Police would have searched the trunk of appellant’s auto.
WHITE, J., joins in this opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9768980. Public record. Not legal advice.