State v. Wilkins

Summary

The Court held that defendant waived his statutory entitlement to a competency hearing by failing to pursue the previously ordered evaluation or otherwise raise competency during the years before and throughout trial. His repeated affirmative participation in the proceedings and failure to assert the issue in a timely manner demonstrated conduct inconsistent with insisting on the statutory right. The Court distinguished the nonwaivable constitutional competency protection because defendant expressly limited his appeal to the statutory claim and did not assert substantial evidence of constitutional incompetency.