Bill Edward Sturgis v. Robert Goldsmith

I concur in the majority’s opinion except for Part C, in which the majority holds that a defendant is entitled to be present at a hearing on his competency to stand trial. From that holding, I dissent.

Whether due process and the sixth amendment grant a defendant the right to be present at a competency hearing is an open question in this circuit. Few courts have yet faced this issue. The one court that has thoroughly addressed the issue has held that the defendant’s absence at such a hearing presents no constitutional deprivation. See United States v. Makris, 398 F.Supp. 507, 509-11…