Legal Opinion · Dissent

Nagi v. People

Supreme Court of Colorado

Decided February 21, 2017No. Supreme Court Case 14SC218Published

1Dissent

JUSTICE MÁRQUEZ,

dissenting.

¶ 18 Three times, the trial court explained on the record why it suspended the proceedings and ordered Mr. Nagi to undergo a competency evaluation: because Nagi wanted to represent himself in a case that could result in an indeterminate life sentence. Nagi’s choice to proceed pro se may well have appeared unwise. But his desire to exercise his constitutional right of self-representation cannot, without more, constitute the statutorily required “reason to believe” that a defendant is “incompetent to proceed” such that a court may suspend proceedings and order a…

2Cases cited13 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. Dusky v. United StatesSupreme Court of the United States · 1960
  3. United States v. AldenCourt of Appeals for the Seventh Circuit · 2008
  4. People v. RomeroSupreme Court of Colorado · 1985
  5. People v. SteeleSupreme Court of Colorado · 1977

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