Trial court is not compelled to find defendant competent to waive right to counsel merely because court finds him competent to stand trial

TRIAL/MENTAL COMPETENCE & RIGHT TO WAIVE COUNSEL United States v. DeShazer, No. 07-8023, ___ F.3d ___ (10th Cir. Feb. 6, 2009)(Wyoming). Appeal of convictions for interstate stalking and carrying firearm during crime of violence in violation of 18 U.S.C. §§ 2261A and 924(c)(1)(A)(ii). HELD: District court did not err by finding defendant competent to waive right to counsel and represent himself at trial even where insanity was only viable defense. Under Indiana v. Edwards, ___ U.S. ___, 128 S.Ct. 2379 (2008), courts may constitutionally insist on representation by counsel for defendant competent enough to stand trial, but who suffers mental illness to point he is not competent to conduct trial proceedings by himself. Conversely, however, a trial court is not compelled to find defendant competent to waive right to counsel simply because court finds him competent to stand trial. Read the opinion here.