TRIAL STAGES: Pretrial:
Competence of the
Accused
2002
United
States v. Barreto, 57 MJ 127 (question of whether
an
accused is mentally competent to stand trial is one of fact, and the
military
judge’s determination will be overturned on appeal only if it is
clearly
erroneous).
(an accused must have sufficient present ability to consult with his
lawyer
with a reasonable degree of rational understanding and a rational as
well as
factual understanding of the proceedings against him in order to stand
trial;
however, the accused’s inability to remember the details of an offense
does
not, without more, compel a finding of incompetence).
(appellant’s amnesia did not preclude him from intelligently
cooperating in
his defense or taking the stand on his own behalf: (1) his amnesic
condition
did not impair his ability to rationally examine and assess the
strength of the
Government’s evidence against him; (2) the defense was provided with
its own
accident reconstruction expert and an independent investigator to
assist in
preparing a defense and evaluating the Government’s evidence; and (3)
appellant
was not precluded from providing his defense counsel with his knowledge
of his
character, propensities, driving habits, and previous experiences with
his
vehicle and the roadway involved in the incident, and identifying
character
witnesses to corroborate or otherwise testify to these matters on his
behalf).