Bishop v. Caudill

I agree that a writ should issue to prohibit the Appellee trial judge from enforcing his order requiring Appellant to submit to a competency examination conducted by a mental health professional retained by the Commonwealth, and I thus concur in the majority’s holding. I write separately, however, because I disagree with the majority’s conclusion that it is never proper for a trial court to order an independent competency evaluation by the Commonwealth’s expert. In particular, I fear that today’s majority opinion’s holding that the Commonwealth “does not have the right to an independent…