In re Interest of SWM

The State filed a petition in juvenile court alleging that SWM, a minor, had committed two delinquent acts. SWM's counsel filed a motion to suspend proceedings for evaluation under Wyo. Stat. Ann. 7-11-303 and Wyo. Stat. Ann. 14-6-219. The juvenile court granted the motion, determining that sections 7-11-303 and 14-6-219 required an examination of SWM for competency to proceed. After the report under section 7-11-303 was filed, the State filed a motion asking the court to strike the portions of SWM's forensic evaluation that were conducted pursuant to section 7-11-303 as irrelevant to the proceedings. The juvenile court granted the motion and subsequently found SWM was competent to proceed. The Supreme Court reversed and remanded, holding (1) the due process considerations that underlie section 7-11-303 also apply in determining the competency of a minor under section 14-6-219; and (2) although the juvenile court ordered a competency evaluation and ruled that SWM was competent to proceed, it did not evaluate SWM under the correct standards, and therefore, SWM's due process right not to proceed unless competent was not property protected. Remanded. View "In re Interest of SWM" on Justia Law