State v. Roddee W. Daniel

¶ 1. Petitioner, Roddee W. Daniel, seeks review of a published decision of the court of appeals that reversed an order of the circuit court. In a post-conviction hearing, the circuit court concluded that Daniel's defense counsel failed to show by clear and convincing evidence that Daniel was incompetent. The court of appeals determined that the circuit court erred because it failed to apply the lower "preponderance of the evidence" burden of proof. Accordingly, it remanded for a new competency hearing.

¶ 2. Although neither party challenges the court of appeals' determination that the burden…