People v. Nagi
Colorado Court of Appeals
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
- Faretta v. CaliforniaSupreme Court of the United States · 1975
- Perry v. SindermannSupreme Court of the United States · 1972
- Dusky v. United StatesSupreme Court of the United States · 1960
- Drope v. MissouriSupreme Court of the United States · 1975
- Chaffin v. StynchcombeSupreme Court of the United States · 1973
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