Can a finding of competency be set aside on appeal?
MultiRegion, United States of America
The following excerpt is from U.S. v. Palmisano, 104 F.3d 354 (2nd Cir. 1996):
A finding of competency will not be set aside on appeal unless it is clearly erroneous. United States v. Nichols, 56 F.3d 403, 411 (2d Cir.1995). We have stated that "where there are two permissible views of evidence as to competency, the court's choice between them cannot be deemed clearly erroneous." Id.
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