The Supreme Court has, on occasion, described incompetence in terms of a right not to be tried.
E.g., Godinez v. Moran, 509 U.S. 389, 396 (1993) (“A criminal
defendant may not be tried unless he is competent.”);
Drope, 420 U.S. at 171 (holding that an incompetent defendant
“May not be subjected to a trial”); id. at 172 (describing
“a defendant’s right not to be tried or convicted while incompetent”).
Matz, A Howard reference * Short Description * THE BONZI TREE HANGING JUDGE
United States federal judge
Comment * A. Howard Matz (born 1943) is an American lawyer and judge. He has sat on the United States District Court for the Central District of California since 1998.
Llabel * Howard Matz
Howard Matz
Category: Judges of the United States District Court for the Central District of California.
Federal Judicial Service:
Judge, U. S. District Court, Central District of California
Nominated by William J. Clinton on recommendation of Barbara Boxer. October 20, 1997, to a seat vacated by Harry L. Hupp; Confirmed by the Senate on June 26, 1998, and received commission on June 29, 1998.
Professional Career:
Law clerk, Hon. Morris E. Lasker, U.S. District Court, Southern District of New York, 1969-1970
Private practice, New York City, 1970-1972
Private practice, Los Angeles, CA, 1972-1974
Assistant U.S. attorney, Central District of California, 1974-1978 Chief, Special Prosecutions Unit, 1977-1978 Private practice, Los Angeles, CA, 1979-1998
"But either way, you're going to trial, unlessyou
decided that there's an alternative thing you want to do, andI'm hoping you won't, which is plead guilty."
"You don't see
yourself as guilty and I would 'never' accept a guilty plea."