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Judge Orders Mental Evaluation for Jose Ibarra That Could Lead to New Trial

The evaluation will be conducted at public expense to determine if Ibarra was competent at his original trial.

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Overview

  • Judge Patrick Haggard issued a prompt order for a mental competency assessment to be held at the Georgia Department of Corrections or a designated hospital.
  • Defense attorneys argue Ibarra suffers from a congenital cognitive impairment that left him unable to understand or participate in his November trial.
  • Prosecutor Sheila Ross noted that no evidence of incompetence emerged during the trial but deferred to the court’s discretion in mandating the evaluation.
  • If the assessment finds Ibarra was unfit at the time of his original proceedings, his lawyers may seek to overturn the life-without-parole sentence and petition for a retrial.
  • Ibarra’s 2022 illegal border entry and brief release in El Paso helped prompt the Laken Riley Act, which requires federal detention of noncitizen defendants charged with violent crimes.