Should the Court reverse the Sixth Circuit's modified version of the three-factor legal test in Drope v. Missouri

QUESTIONS PRESENTED 1) Should the Court reverse the Sixth Circuit's modified version of the three-factor legal , "test in Drope v. Missouri, because it adds a fourth factor, “statements of Defense counsel regarding the competency of their client,” which a judge must consider when deciding whether to sua sponte order a competency hearing, despite numerous strategic, ethical, and practical reasons that prevent Defense counsel from opining as to their own client's competency? 2) Is procedural due process violated through the appellate standard of review of abuse of discretion, as applied to a district court’s failure to swa sponte order a competency hearing, when relevant evidence of incompetency exists and there is no record the court applied the appropriate legal test to that relevant evidence to determine whether to order a competency hearing or mental evaluation?