Ramirez v. State

I respectfully dissent. In my opinion, the PCR court erred as a matter of law when it denied PCR.

“It is well established that the Due Process Clause of the Fourteenth Amendment prohibits the criminal prosecution of a defendant who is not competent to stand trial.” Medina v. California, 505 U.S. 437, 439, 112 S.Ct. 2572, 120 L.Ed.2d 353 (1992). “This right cannot be waived by a guilty plea. The test of competency to enter a plea is the same as required to stand trial.” Jeter v. State, 308 S.C. 230, 232, 417 S.E.2d 594, 595-96 (1992) (citation omitted). “This Court has held that to be competent…