He testified, consistent with his reports, that the defendant had a factual, but not a rational, understanding of the proceedings against him and that he did not have sufficient present ability to consult with his attorney. See State v. Zorzy, 136 N.H. 710, 714 (1993). The State produced no evidence except testimony elicited from Dr. Stenslie during cross-examination and voir dire.
Undoubtedly, the state constitutional right to due process protects defendants from standing trial if they are legally incompetent. See State v. Zorzy, 136 N.H. 710, 714, 622 A.2d 1217 (1993); State v. Champagne, 127 N.H. 266, 270, 497 A.2d 1242 (1985). The defendant's due process challenge, however, does not implicate this right. Indeed, the competency proceedings below resulted in a dismissal of the two indictments, and resulted in no confinement because the defendant was found not to be dangerous.
Other cases help to illustrate this point. In State v. Zorzy, 136 N.H. 710, 622 A.2d 1217, 1218 (1993), the defendant exhibited disruptive behavior while appearing pro se at a bail hearing. The defendant ignored the court's instructions and contended he was the victim of an illegitimate prosecution.
The mental competence of a criminal defendant is an absolute basic condition of a fair trial. State v. Zorzy, 136 N.H. 710, 714, 622 A.2d 1217 (1993). Due process guarantees under both the Federal and State Constitutions protect defendants from standing trial if they are legally incompetent.
[1-3] “As the trial court is in the best position to evaluate [a] criminal defendant's behavior, we grant deference to its decision regarding the need for a competency hearing.” State v. Zorzy, 136 N.H. 710, 715, 622 A.2d 1217 (1993). “Due process guarantees under both the Federal and State Constitutions protect defendants from standing trial if they are legally incompetent.”
See Lackey v. State, 615 So.2d 145, 151-152 (Ala.Crim.App. 1992); McCarlo v. State, 677 P.2d 1268, 1272 (Alaska App. 1984); Cal. Penal Code Ann. § 1369(f) (West 1982); Colo. Rev. Stat. § 16-8-111(2) (1986); Diaz v. State, 508 A.2d 861, 863 (Del. 1986); Flowers v. State, 353 So.2d 1259, 1270 (Fla.App. 1978); Johnson v. State, 209 Ga. App. 514, 516, 433 S.E.2d 717, 719 (1993); Haw. Rev. Stat. §§ 704-404 and 704-411 (1993); Ill. Comp. Stat., ch. 725, § 5/104-11(c) (1992); Montano v. State, 649 N.E.2d 1053, 1057-1058 (Ind.App. 1995); State v. Rhode, 503 N.W.2d 27, 35 (Iowa App. 1993); State v. Seminary, 165 La. 67, 72, 115 So. 370, 372 (1927); Jolley v. State, 282 Md. 353, 365, 384 A.2d 91, 98 (1978); Commonwealth v. Prater, 420 Mass. 569, 573-574, 651 N.E.2d 833, 837 (1995); Minn. Rule Crim. Proc. 20.01 (1995); Griffin v. State, 504 So.2d 186, 191 (Miss. 1987); State v. Zorzy, 136 N. H. 710, 714-715, 622 A.2d 1217, 1219 (1993); State v. Lambert, 275 N.J. Super. 125, 129, 645 A.2d 1189, 1191 (1994); State v. Chapman, 104 N.M. 324, 327, 721 P.2d 392, 395 (1986); People v. Santos, 43 A.D.2d 73, 75, 349 N.Y.S.2d 439, 442 (1973); State v. Heger, 326 N.W.2d 855, 858 (N.D. 1982); Ohio Rev. Code Ann. § 2945.37 (1993); State v. Nance, 466 S.E.2d 349, 351 (S.C. 1996); S.D. Codified Laws § 23A-10A-6.1 (1988); Jordan v. State, 124 Tenn. 81, 89, 135 S.W. 327, 329 (1911); Blacklock v. State, 820 S.W.2d 882, 886 (Tex.App. 1991); Utah Code Ann. § 77-15-5(10) (1995); Va. Code Ann. § 19.2-169.1(E) (1995); Wash. Rev. Code § 10.77.090 (1994); W. Va. Code § 27-6A-2(b) (1992); Wis. Stat. § 971.14(4)(b) (1985 and Supp. 1995); Loomer v. State, 768 P.2d 1042, 1045 (Wyo. 1989). The burden imposed in the remaining States is unclear.
"As the trial court is in the best position to evaluate the criminal defendant's behavior, we grant deference to its decision regarding the need for a competency hearing." State v. Zorzy, 136 N.H. 710, 715 (1993). We have reviewed the record and do not find sufficient evidence to raise a bona fide doubt as to the defendant's competency to stand trial.
Trial courts are obligated to order an evidentiary hearing whenever there is sufficient doubt concerning a defendant's competence. See State v. Zorzy, 136 N.H. 710, 714-15, 622 A.2d 1217 (1993) (criminal defendant's due process right not to be tried while incompetent is protected by the procedural requirement that the trial court must, sua sponte, order an evidentiary hearing whenever a legitimate doubt as to a defendant's competency to stand trial arises). Because the Dusky standard applies and may be challenged at any time during the prosecution of a defendant, from initial arraignment to the return of a verdict, the competency to stand trial standard includes a procedural safeguard whenever a bona fide doubt arises as to a defendant's mental competency.
State v. Ball, 124 N.H. 226, 233 (1983). Because the Fourteenth Amendment to the United States Constitution provides no greater protection to the defendant than Part I, Article 15 of the State Constitution, we need not conduct a separate due process analysis under the Federal Constitution. See State v. Zorzy, 136 N.H. 710, 714 (1993). A criminal defendant has a constitutional right not to be tried if he is legally incompetent.
. Cowans, 717 N.E.2d 298, 313 (Ohio 1999) (trial judge's observations of defendant's conduct provided support for conclusion that defendant's competence did not warrant further inquiry); State v. Edwards, 572 N.W.2d 113, 117-18 (S.D. 1997) (facts and circumstances before the trial court indicated that trial court's decision to deny competency hearing did not violate defendant's due process rights); State v. Janto, 986 P.2d 306, 315-16 (Haw. 1999) (overruling mixed question of law and fact standard and adopting "abuse of discretion" standard);State v. Heger, 326 N.W.2d 855, 858 (N.D. 1982) ("Whether or not a defendant is competent to stand trial is a question of fact for the trial judge"); People v. Castro, 93 Cal.Rptr.2d 770, 781 (Cal.Ct.App. 2000) (recognizing "general rule on appeal that a finding of competence to stand trial cannot be disturbed"); Reed v. State, 2000 WL 233167 *2 (Tex.App. 2000) (issue whether incompetency exists is left to the discretion of trial judge). See also State v. Zorzy, 622 A.2d 1217, 1219-20 (N.H. 1993); People v. Danielson, 838 P.2d 729, 749 (Cal. 1992); People v. Morino, (Colo.Ct.App. 1987). ¶ 44.