In re People v. Roina

Citations

• 2019 CO 20
• 437 P.3d 919

Syllabus

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 CRS § 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.