State v. Christopher A. Sharrow

*505 ¶ 1. This case comes before the Court on interlocutory appeal. The sole issue is whether, under 13 V.S.A. § 4814, the State may compel a defendant to submit to a competency evaluation conducted by a mental health expert of the State's choosing, following a court-ordered competency evaluation by a neutral mental health expert. We hold that the State may not compel such an evaluation, and we therefore reverse.

¶ 2. The relevant facts are not in dispute. The State charged defendant with second-degree murder in July 2013. While defendant was incarcerated pretrial, his counsel requested a…