U.S. v. BOIGEGRAIN

No. 96-1548.

155 F.3d 1181 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Walter Scot BOIGEGRAIN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 21, 1998.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Richard Byron Peddie and Catherine A. Hance, Frascona, Joiner & Goodman, P.C., Boulder, Colorado, for Defendant-Appellant.

Henry L. Solano, United States Attorney, and Charlotte J. Mapes, Assistant United States Attorney, District of Colorado, Denver, Colorado, for Plaintiff-Appellee.

Before PORFILIO, HOLLOWAY, and TACHA, Circuit Judges.


TACHA, Circuit Judge.

This appeal invites us to resolve two constitutional questions regarding the relationship between an attorney and a potentially incompetent client in a criminal case. First, we must determine whether a client who may be incompetent to stand trial has a constitutional right to waive his counsel before a hearing on his competency. The second issue presented is whether counsel who moves for an evaluation of the defendant's competency against the...

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