The court was not required to appoint a second attorney to oppose a finding of incompetency when defendants attorney voiced concerns over her clients competency. Also, the trial courts failure to obtain a personal waiver of defendants right to be present at the competency hearing did not violate his due process rights. Appellant had impliedly waived his right to be present when he said he would not cooperate with counsel or the doctors (and refused to be interviewed by them), and there was no evidence he was involuntarily excluded from the hearing. Moreover, there was no showing of prejudice when the issue was submitted on the doctors reports, and the defendant had refused to be interviewed. There were no facts in the record to show appellant was not incompetent to stand trial.
Case Summaries