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PEYTON v. UNITED STATES

No. 23-CO-0233.

299 A.3d 552 (2023)

Ralston PEYTON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 10, 2023.

Attorney(s) appearing for the Case

Daniel Gonen , Public Defender Service, with whom Samia Fam , Jaclyn S. Frankfurt , and Kelsey Townsend , Public Defender Service, were on the filings, for appellant.

Michael E. McGovern , Assistant United States Attorney, with whom Matthew M. Graves , United States Attorney, and Chrisellen R. Kolb , Saifuddin Kalolwala , and Jennifer C. Mika , Assistant United States Attorneys, were on the filings, for appellee.

Holly M. Johnson , Senior Assistant Attorney General, with whom Brian L. Schwalb , Attorney General for the District of Columbia, Caroline S. Van Zile , Solicitor General, and Ashwin P. Phatak , Principal Deputy Solicitor General, were on the brief, for the District of Columbia as amicus curiae supporting appellee.

Opinion by Associate Judge McLeese, dissenting in part and concurring in the judgment, at page 558.

Appellant Ralston Peyton was charged with the misdemeanor offense of unlawful entry onto private property, but he was subsequently found to be incompetent to proceed in the criminal case and unlikely to regain competence. See D.C. Code § 24-531.01(1) (defining "competence" as "present ability to consult with [defendant's] lawyer...

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