COMPETENCY – Improper Considerations; Pro Se Filings 

Posted: 1:00 am Mon, February 8, 2010
By admin

Where a magistrate judge considered the pro se filings of a represented defendant and his interruptions of his attorney during a hearing to find that the defendant was incompetent, the District Court erred in adopting the magistrate’s recommendations because these considerations did not support a finding of incompetency, especially in light of the defendant’s attorney’s ...