The People of the State of Colorado, In Re Plaintiff: v. Austin Rhys McGee, Defendant:

Summary

The court held that once a court-ordered competency evaluation has been completed, a party is entitled to a timely requested second-opinion evaluation under Colorado's competency statutes. The district court therefore erred by requiring new indicia of incompetency, treating the request as merely another competency evaluation, and retroactively determining that the initial evaluation should not have been ordered. The court made the order to show cause absolute and remanded for the district court to grant the requested evaluation.