Kennedy v. State

At issue in this appeal is whether defense counsel’s request to have Petitioner “evaluated,” under the circumstances, was sufficiently clear to trigger Md.Code (2001, 2008 Repl. Vol.), § 3-104(a) of the Criminal Procedure Article, which requires the trial court to determine whether the defendant was competent to stand trial based on evidence presented on the record. We shall hold that defense counsel did not trigger the trial judge’s duty to make a competency determination, and we therefore affirm the judgment of the Court of Special Appeals.

FACTS AND PROCEDURAL HISTORY

Petitioner Kivi Kennedy…