Whether counsel performed deficiently by failing to investigate and challenge an intellectually disabled defendant's competency based on known red flags rather than only information supporting competency

QUESTION PRESENTED 1. The Fourteenth Amendment to the United States Constitution prohibits the trial of incompetent persons, and the Sixth Amendment entitles criminal defendants to the effective assistance of counsel. The question presented is whether a claim that counsel performed deficiently for Sixth Amendment purposes by failing to investigate and challenge an intellectually disabled defendant’s competency is determined by looking at the red flags known to counsel rather than only at information that could support a competency finding. 1