DueProcess JusticiabilityDoctri
When the evidence of guilt is far from overwhelming but cannot be rebutted without information that only the defendant would know, but due to amnesia the defendant cannot recall or report - to counsel or at trial - what actually happened, must the defendant be found incompetent to stand trial even if he otherwise meets the standards of competency set forth in Dusky v. United States, 362 U.S. 402 (1960)?
QUESTION PRESENTED When the evidence of guilt is far from overwhelming but cannot be rebutted without information that only the defendant would know, but due to amnesia the defendant cannot recall or report — to counsel or at trial what actually happened, must the defendant be found incompetent to stand trial even if he otherwise meets the standards of competency set forth in Dusky v. United States, 362 U.S. 402 (1960)? ii