State v. Silvers

EXUM, Chief Justice.

The issue we find dispositive of this appeal is whether in ruling on the pretrial question of defendant’s competency to proceed, the trial court erred to defendant’s prejudice by excluding lay opinion testimony relevant to this question. We hold it did err, vacate the verdict and judgment entered below and remand for further proceedings.

I

Defendant was arrested on 22 May 1987 and charged with murdering Connie Mae Kennedy Davis. On 26 May 1987 defendant was referred to the North Carolina Division of Mental Health/Mental Retardation/Substance Abuse Services at Dorothea Dix…