State v. Jimmie Lee Smith

¶ 64. (dissenting). At issue in this case is what standard of review an appellate court applies in reviewing a circuit court's retrospective evaluation at a postconviction hearing of a criminal defendant's competency to stand trial.

¶ 65. The majority opinion sets forth the facts and procedural history of the instant case at length. To clarify the procedural history of the instant case, I have included as Attachment A an outline of the relevant procedural history.

*520¶ 66. The majority opinion, the court of appeals, and I agree that the "clearly erroneous" standard of review applies to a circuit…