Supreme Court of United States.https://leagle.com/images/logo.png
Argued February 25, 1992.
Decided June 22, 1992.
Attorney(s) appearing for the Case
Michael Pescetta, by appointment of the Court, 502 U.S. 955, argued the cause for petitioner. With him on the briefs was Sarah Plotkin.
Holly D. Wilkens, Deputy Attorney General of California, argued the cause for respondent. With her on the brief were Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, and Pat Zaharopoulos, Supervising Deputy Attorney General.*
Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Scalia, and Thomas, JJ., joined. O'Connor, J., filed an opinion concurring in the judgment, in which Souter, J., joined, p. 453. Blackmun, J., filed a dissenting opinion, in which Stevens, J., joined, p. 456.
Supreme Court of United States.
Justice Kennedy, delivered the opinion of the Court.
It is well established that the Due Process Clause of the Fourteenth Amendment prohibits the criminal prosecution of a defendant who is not competent to stand trial. Drope v. Missouri,420 U.S. 162 (1975); Pate v. Robinson,383 U.S. 375 (1966). The issue in this case is whether the Due Process Clause permits a State to require...
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