State v. Edwards, 158 Conn.App. 119

Edwards was convicted of first-degree assault and probation violation after a jury trial; he had been found incompetent to stand trial prior to the original competency determination and treated at Whiting for potential restoration; during trial he displayed disruptive, obstreperous behavior but the court found no evidence of ongoing incompetence and sua sponte considerations were made based on trial conduct; competency hearings occurred on Aug. 1, 2012 and Sept. 26, 2012, with treatment team concluding competence to stand trial; the defense and court observed the defendant’s conduct during voir dire and trial, including removal from the courtroom and later absence from the trial; the defendant abstained from appearing at multiple critical stages and claimed a violation of his Sixth Amendment right to be present; the trial court instructed the jury that the defendant’s absence would not affect guilt; Edwards appeals arguing due process and right-to-be-present violations.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court should have sua sponte ordered a competency reevaluation during trial.	Edwards claims continuing mental impairment after prior incompetence required reevaluation.	State contends court monitoring and defense input showed no change in competency.	No abuse of discretion; continued competency assessment based on record.
Whether Edwards' absence from critical stages violated his Sixth and Fourteenth Amendment rights.	Edwards argues trial proceeded in his absence without adequate waiver or warning.	Edwards knowingly and disruptively abstained; waiver implied by conduct.	Trial proceeded in Edwards' absence; waiver valid; no reversal.

Dusky v. United States, 362 U.S. 402 (U.S. 1960) ( definitions of competency to stand trial)
Pate v. Robinson, 383 U.S. 375 (U.S. 1966) (requirement of independent inquiry when reasonable doubt arises about competency)
Illinois v. Allen, 397 U.S. 337 (U.S. 1970) (defendant may be removed for disruptive conduct after warning)
Talton v. Warden, 171 Conn. 378 (Conn. 1976) (waiver of presence may be inferred from conduct when adequately informed)
State v. Crawley, 138 Conn. App. 124 (Conn. App. 2012) (court may infer waiver from defendant's actions)
State v. Drakeford, 202 Conn. 75 (Conn. 1987) (defendant who is removed and does not return can waive right to attend)
State v. Simino, 200 Conn. 113 (Conn. 1986) (trial court's decision to proceed after disruptive conduct reviewed for abuse of discretion)
State v. Dort, 315 Conn. 151 (Conn. 2014) (adequacy of competency inquiry reviewed for abuse of discretion)