concluding in pre-Barker case without discussion of threshold factor that “the federal constitutional guarantee of a speedy criminal trial does not require that an incompetent accused be tried”
How later courts described this case
- concluding in pre-Barker case without discussion of threshold factor that “the federal constitutional guarantee of a speedy criminal trial does not require that an incompetent accused be tried”
- "Appellant also submits that his commitment to Farview State Hospital for an indefinite period violates his constitutional right to a 'speedy trial.’ All the authorities our research has uncovered indicate that the federal constitutional guarantee of a speedy criminal trial does not require that an incompetent accused be tried.”
Written by the judges who cited it.
The opinion
Dissenting Opinion by
Mb. Justice Cohen:
When an accused is adjudged incompetent a procedure should be established whereby the incompetent defendant might demand a speedy trial as required by both Federal and State Constitutions.
I recognize that this may require the appointment of a guardian to act on behalf of the incompetent defendant and the establishment of procedures so that the decision to stand trial can be made intelligently, either by the incompetent defendant or some one acting on his behalf. The Commonwealth, when proper *214 ly requested, should not be permitted to refuse to proceed with trial because of a defendant’s incompetency and thereby deny defendant a right that is constitutionally guaranteed.
Just as in Kent v. United States, 383 U.S. 541 , 86 S. Ct. 1045 , 16 L. Ed. 2d 84 (1966), where it was indicated that the juvenile “receives the worst of both worlds: that he gets neither the protections accorded to adults nor the solicitous care and regenerative treatment, postulated for children”; so, the incompetent receives neither the constitutional protections due him nor proper, confinement. I would use this litigation as a vehicle to enunciate the constitutional rights of incompetent defendants.
I dissent.