August 24, 2019

Colorado Supreme Court: Trial Court Erred by Concluding Ex Parte Review of Defense’s Competency Motion Prohibited

The Colorado Supreme Court issued its opinion in In re People v. Roina on Monday, March 25, 2019.

Competency Proceedings.

The supreme court addressed whether a trial court erred in requiring the defense to provide a copy of its sealed motion raising competency to the prosecution before conducting an initial competency evaluation of defendant. Because C.R.S. § 16-8.5-102(2)(b) requires trial courts to consider defense motions raising competency without disclosing that motion to the prosecution, the court determined that the trial court erred in concluding that Rule 2.9(A) of the Colorado Code of Judicial Conduct prohibits the trial court from conducting an ex parte review of the defense’s motion. Accordingly, the court made its rule to show cause absolute.

Summary provided courtesy of Colorado Lawyer.

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