Legal Opinion · Dissent

People v. Nagi

Colorado Court of Appeals

Decided February 13, 2014No. Court of Appeals No. 12CA0004Published

1Dissent

JUDGE LICHTENSTEIN

dissenting.

¶ 32 The majority recognizes that a trial court has broad discretion in deciding whether to refer a defendant for a competency evaluation. I take no issue with this premise. But, I believe this discretion is limited by a defendant’s constitutional right to self-representation.

¶ 33 In my view, the trial court here suspended the proceedings and referred defendant for a competency evaluation based on “the fact that [defendant] would want to represent [himself] in a case that the consequences to [him] can be an indeterminate life sentence with no legal training at…

2Cases cited35 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. Perry v. SindermannSupreme Court of the United States · 1972
  3. Dusky v. United StatesSupreme Court of the United States · 1960
  4. Drope v. MissouriSupreme Court of the United States · 1975
  5. Chaffin v. StynchcombeSupreme Court of the United States · 1973

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