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Montenegro arraigned in Temple arson, Leyva scheduled for January

Leyva attorney asks for more time to develop defense in Hulbert murder case

Prosecution and defense have both submitted to findings regarding the competency of murder suspect Garrett Leyva, but counsel has asked for more time before a preliminary hearing can be made. According to Executive Attorney Phil Esbenshade, it’s common for attorneys to express doubt in their client’s competence, which leads to a temporary suspension of criminal proceedings until competency can be established. Per standard procedure, a test was conducted for Leyva. In Kings County Superior Court, Leyva’s attorney, Jamil Nushwat, said he submits to the findings by Brandi Mathews, a court-appointed forensic psychologist in Atascadero, which assert that Leyva is mentally fit for a trial.

Leyva competent to stand trial in Hulbert murder case, doctor finds

Garrett Leyva, suspected of killing two Hanford siblings, has been found competent to stand trial. On Wednesday, however, his competency hearing was pushed to next week as a result of an agreement between the prosecution and the defendant’s legal counsel. Visiting Judge James Hollman moved the hearing to Tuesday, July 6 because Leyva’s attorney Jamil Nushwat was unable to be at the hearing. Nushwat agreed to the rescheduling via a Zoom call he took in his car. “What happens is generally, an attorney expresses a doubt as to their client’s competence, that’s what happened here and generally, it’s the defense attorney, said Kings County Executive Assistant District Attorney Phil Esbenshade. So the court will suspend criminal proceedings — that’s where we are now — proceedings are suspended. And so a preliminary hearing will not take place until they’re reinstated.”

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