Constitutional Right to Testify at Competency Hearing, Finds the Ninth Circuit
Author: Fred Cohen.
Source: Volume 15, Number 04, November/December 2013 , pp.51-51(1)
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Abstract:
How can a defendant who is incompetent to be tried be deemed competent to testify at his or her competency proceeding? In this case, the defendant expressly wished to testify at his competency hearing but his appointed counsel believed he should not do so. The trial court did not allow Gillenwater to testify and then found him incompetent based on a report and testimony by a Ph.D. psychologist, a ruling overturned by the Ninth Circuit.Keywords: U.S. v. Gillenwater II, 717 F.3d 1070
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1: Executive Editor.