Due process is not violated by denial of second competency hearing where defendant’s trial behavior is insufficient to show competence compromised

DUE PROCESS/COMPETENCE United States v. Cornejo-Sandoval, No. 08-2070, ___ F.3d ___ (10th Cir. May 5, 2009)(New Mexico). Appeal of convictions for conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846. HELD: District court did not violate defendant’s due process rights, and therefore, abuse its discretion, by denying him a second competency hearing. A reasonable judge situated in the same position as this judge would find insufficient cause to believe defendant’s competence was compromised. Defendant’s behavior, as observed by the judge during trial, was consistent with a pretrial psychological evaluation and his attorneys’ pretrial experience (i.e., defendant was a difficult client, highly suspicious of his lawyers). Read the opinion here.