Supreme Court of Colorado

Farouk Nagi, Petitioner v. the People of the State of Colorado, Respondent

February 21, 2017389 P.3d 875

Summary

The court held that the statutory speedy-trial period must exclude any period during which a defendant is actually undergoing a competency examination, regardless of whether the examination was necessary or properly ordered, unless the order was made in bad faith to circumvent speedy-trial protections or deprive the defendant of another protected right. Because the record showed no bad faith and the excluded examination period kept the trial within six months, the court affirmed. Justice Márquez, joined by Justices Hood and Gabriel, dissented, arguing that the trial court lacked an objective reason to believe Nagi was incompetent and that the examination period therefore should not have been excluded.