State v. Tilden

LOWENSTEIN, Judge.

The issue at the heart of this criminal appeal is whether, under the United States Constitution and Missouri’s constitution and statutes, there was sufficient evidence to support a reasonable cause belief that the defendant was not mentally competent to understand the proceedings or able to assist in his defense, thereby requiring defendant’s counsel to challenge his competence, or in the alternative, mandate the court to sua sponte order a psychiatric examination at or prior to trial or sentencing.

In a nutshell, a defendant’s Constitutional due process rights to a fair…