State of West Virginia v. J.C.

HUTCHISON, Justice:

*102 In the instant case, the circuit court found a juvenile accused of delinquency not competent to proceed. "It is a fundamental guaranty of due process that a defendant cannot be tried or convicted for a crime while he or she is mentally incompetent." Syl. Pt. 5, in part, State v. Hatfield , 186 W.Va. 507 , 413 S.E.2d 162 (1991). The Legislature has adopted various statutes to allow adult criminal defendants to be evaluated and treated for competency. The Legislature has rightly and vigorously protected this fundamental right for adult criminal defendants. The same cannot be…