State v. Mobley, ___ N.C. App. ___, 795 S.E.2d. 437 (Jan. 17, 2017)

In this drug trafficking case, the trial court erred by failing to appoint an expert to investigate the defendant’s competency to stand trial. Prior to the start of trial, defense counsel expressed concern about the defendant having fallen asleep in the courtroom. The trial court conducted a discussion with the defendant and defense counsel and ruled that the defendant was competent to proceed to trial. The colloquy revealed, among other things, that the defendant was having difficulty hearing and understanding the judge and that the defendant took over 25 medications daily in connection with a heart condition and being diagnosed as a bipolar schizophrenic. Defense counsel related never having seen the defendant so lethargic. Although the defendant seemed to understand the charges against him and possible sentences he might receive, he had little memory of meeting with counsel prior to trial. After the trial began, defense counsel informed the court that the defendant was sleeping during the trial. The court concluded that the evidence indicated a significant possibility at the time of trial that the defendant was incompetent, requiring the trial court to appoint an expert to ascertain whether the defendant was competent to proceed to trial. The court noted that its holding was based on “long-standing legal principles” and that it “should not be interpreted as articulating a new rule or standard.” It was careful to state that the trial court is not required to order a competency evaluation in every case where a criminal defendant is drowsy or suffers from mental or physical illness.