Ronald Bergrin v. United States
JusticiabilityDoctri
Does the competency test established in Dusky v. United States permit a finding of incompetency based on the accused's unwillingness to assist counsel previously disqualified due to conflicts of interest?
QUESTIONS PRESENTED 1. Does the competency test established in Dusky v. United States, 362 U.S. 402 (1960), permit a finding of incompetency to stand trial . based on the accused’s unwillingness to assist appointed counsel if counsel had previously been disqualified from representing the accused as a result of counsel engaging in Actual Conflicts of Interest and is under FBI criminal investigation? : 2. Does the clear error standard of review apply on appeal from an incompetency decision or : _must an appellate court employ a more robust standard of review of structural error in the , denial of the accused’s right to trial? : 3. Should the court of appeals have denied an appeal of a defendant who was adjudged Incompetent to Stand Trial if the defendant’s CJA counsel refused to subpoena and present the defendant’s competency reports, which competency reports state that defendant is Competent to Stand Trial? @)