State v. Garfoot

¶ 31. (concurring). I conclude, as does the majority, that the circuit court properly held that the State failed to prove that Garfoot was competent to stand trial. I write separately because I disagree with the majority's statement of the standard of appellate review.

¶ 32. The majority fails to recognize the proper standard of review because it fails to recognize the constitutional basis of the competency inquiry. A conviction of an incompetent person violates the right to a fair trial guaranteed by the due process clause of the *230Fourteenth Amendment. Pote v. Robinson, 383 U.S. 375, 378, 385…