Supreme Court of the United States

Cooper v. Oklahoma

April 16, 1996517 U.S. 348

Summary

Justice Stevens delivered the unanimous opinion holding that Oklahoma violated due process by requiring a criminal defendant to prove incompetence to stand trial by clear and convincing evidence. Although a State may presume competence and require proof of incompetence by a preponderance of the evidence, Oklahoma’s heightened standard permitted trial of defendants who were more likely than not incompetent. Historical practice, contemporary procedures, and the fundamental right not to stand trial while incompetent established that this allocation of the risk of error was unconstitutional. The Court reversed and remanded. There were no separate opinions.

Holding

  • Constitutionality of requiring clear and convincing evidence of incompetence to stand trial.. Due process prohibits requiring a criminal defendant to prove incompetence by clear and convincing evidence because that standard permits trial when the defendant is more likely than not incompetent.

Docket 95-5207

Cited authorities

  • R. 418
  • 18 U.S.C. §4241
  • Conn. Gen. Stat. §54
  • 50 Pa. Cons. Stat. § 7403
  • Colo. Rev. Stat. §16-8-111
  • Haw. Rev. Stat. §§704-404
  • Ohio Rev. Code Ann. §2945.37
  • Utah Code Ann. §77-15-5

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