John Fitzgerald v. Hon. myers/state Ex Rel Brnovich

Summary

The court held that neither the statute providing appointed counsel in capital post-conviction proceedings nor the rule governing the petition declaration gives a convicted capital defendant a right to competency or requires a competency determination before a post-conviction proceeding proceeds. The court nevertheless recognized that a trial court may order a competency evaluation, and may impose a limited stay, when competency is helpful or necessary to presenting or deciding particular claims. Applying that framework, the court affirmed the denial of Fitzgerald's request because the record did not show that his assistance was necessary at that stage.