Title 17, Chapter 10, Section 69
( 17-10-69)
If an applicant is determined to have previously filed an
application under this article and has previously been determined to
be mentally competent to be executed, such prior adjudication shall
act as a presumption of mental competency and the applicant shall
not be entitled to a new hearing on the question of mental
competency to be executed absent the applicant's making a
prima-facie showing of a substantial change in circumstances
sufficient to raise a significant question as to the applicant's
mental competency to be executed at the time of filing of any
subsequent applications. |