Page 40 - TPA Journal March April 2023

F. Jury Instructions substantial probability that Mr. Harris [could] be
… restored to competence to proceed legally in the
foreseeable future.”
The judgment of the trial court is affirmed.
Harris returned to jail and awaited competency
Sandoval v. State, Tex. Crim., No. AP 77,0981, proceedings. The court held a hearing on October
Dec. 7, 2022. 12, 2010 and agreed with the doctors that Harris
**************************************** was not competent. It therefore ordered
******************* Mississippi to pursue civil commitment
proceedings in the chancery court. Importantly,
the court also ruled on Harris’s detention status:
He should be held “until the determination of said
PRISONERS – COMMIT OR RELEASE civil proceedings.”\ But the civil commitment case
did not last long. On the same day the\ circuit
Our prior opinion, Harris v. Clay Cnty., 40 F.4th court removed Harris’s criminal case from its
266, isWITHDRAWN and the following opinion active docket (October\ 20, 2010), the chancery
is SUBSTITUTED therefor: court dismissed the just-filed commitment\
proceeding for lack of jurisdiction.
When a defendant is found incompetent to stand
trial with no reasonable expectation of restored It based that dismissal on the pendingcriminal
competency, the state must either civilly commit charges—yes, the charges that had just become
the defendant or release him. That simple inactive—in the circuit court. The circuit court
commit-or-release rule was not followed in this apparently never caught wind of the chancery
case. Steven Harris was found incompetent to court’s dismissal, sending Harris into legal limbo.
stand trial, and his civil commitment proceeding No one disputes that Harris remained in Clay
was dismissed. Yet Harris stayed in jail for six County jail from that point forward. It is hard to
more years. This suit challenges his years-long explain, then, what happened next. On October
detention when there was no basis to hold him. 25, 2010, Sheriff Laddie Huffman and Deputy
We consider whether his jailers are entitled to Eddie Scott, the ones in charge of the jail, signed
qualified immunity. a “Diligence Declaration.” The declaration
purportedly related to a separate indictment
Harris was charged with murdering his father, against Harris for assaulting a jailer while in
shooting three law enforcement officers, shooting custody.3 In that declaration, they said the
into occupied vehicles, carjacking, and following: “After diligent search and inquiry, [we]
kidnapping. He pleaded not guilty in a Clay have been unable to find the within named Steven
County circuit court, and the court ordered that he J. Harris in [our] county.” It appears that they
be held in custody without bail. submitted the declaration to the circuit court—
further misleading the circuit court that the civil
While Harris was in custody, his counsel commitment proceedings went according to plan.
requested a mental evaluation to determine Fast forward to 2012. The district attorney
Harris’s competency to face trial. Harris had a prosecuting Harris’s case, Forrest Allgood, found
long history of suffering from schizophrenia. The out about the state court snafu. After putting the
circuit court agreed to the evaluation and pieces together, he went to Sheriff Huffman to
transferred him to a hospital. There, there was “no inquire about Harris’s confinement. This time

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