Chapter 8 of the North Carolina Civil Commitment Manual (2nd Ed. 2011) focuses on incapacity to proceed and includes a helpful capacity and commitment flowchart in Appendix 8-1.
A PowerPoint presentation created in 2008 by Wake County’s Office of Public Defender provides helpful tips for North Carolina attorneys when they suspect that their client may be incapable of proceeding to trial.
For the 2008 Public Defender Spring Conference, Lisa Miles surveys 186 cases in which the court found evidence sufficient or not sufficient to warrant an instruction on voluntary intoxication, diminished capacity, or unconsciousness.
2007 report by the American Civil Liberties Union on mental illness defenses and how they can be used under North Carolina statutes and case law.
In 2005, The Partners in Justice created this checklist of common traits typical of individuals with a cognitive disability and screening questions an attorney can ask if they suspect their client has a cognitive disability.
A 1993 memorandum by John Rubin, Professor of Public Law and Government at UNC School of Government on the voluntary intoxication defense, its history, elements of the defense, applicability to different offenses, and evidentiary issues.
John Rubin, UNC School of Government (Sept. 1992). ADMINISTRATION OF JUSTICE MEMORANDUM No. 92/01. Discusses the nature of the diminished capacity defense as it is recognized in North Carolina, how the defense applies to various offenses, evidentiary problems that can arise when the defense is raised, the defendant’s burden of presenting evidence, the prosecution’s burden …