Legal Opinion

People v. Davis

Colorado Court of Appeals

Decided January 5, 2012No. 07CA1955Published

1Opinion of the Court

Opinion by Judge BERNARD.

¶ 1 This appeal analyzes four issues. The first concerns the intersection of mental illness and the right of defendants in criminal cases to represent themselves in trials, such as the one that was held in this case. On the one hand, the Fifth Amendment's Due Process Clause dictates that defendants who are so mentally ill that they do not understand the proceedings or are unable to assist their attorneys are incompetent to stand trial. On the other hand, defendants have a constitutional right, under the Sixth and Fourteenth Amendments, to waive their right to counsel…

2Cases cited57 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Faretta v. CaliforniaSupreme Court of the United States · 1975
  3. Jones v. BarnesSupreme Court of the United States · 1983
  4. Brady v. United StatesSupreme Court of the United States · 1970
  5. Dusky v. United StatesSupreme Court of the United States · 1960

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