Commonwealth v. duPont

OPINION

NIGRO, Justice.

For purposes of this appeal, the relevant facts are as follows. Petitioner John E. duPont is charged with first-degree murder. Petitioner has been incarcerated without bail in the Delaware County Prison since January 28, 1996. On March 18, 1996, the Court of Common Pleas of Delaware County sua sponte ordered a competency examination of Petitioner pursuant to sections 7402(d) and (e) of the Pennsylvania Mental Health Procedures Act (“the Act”), 50 P.S. §§ 7101-7503 (1976), after finding that there was a prima facie question as to Petitioner’s incompetency. The trial court…