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Abstract: 

Competency to stand trial is by far the most frequently adjudicated competency issue. The core of competence relates to the ability to grasp and convey facts and with trial competence, understand the charges and provide reasonable assistance to counsel. A decision to waive counsel will likely negatively impact the defendant, but courts have found that if one is competent to stand trial, one is competent to waive counsel. In U.S. v. Duncan, 599 Fed.Appx. 679 (9th Cir. 2015) the court opened the door to the federal execution of Mr. Duncan who committed unspeakably brutal sexual abuse and murders of a Coeur d’Alene, Idaho family in 2005. Here, the competency of this monstrous family annihilator was challenged in several phases of the judicial process and upheld at every phase.

Keywords: U.S. v. Duncan; Lenhard v. Wolff, 603 F.2d 91, 92; represent himself; waive right to appeal

Affiliations:  1: Executive Editor.