In re People v. McGee.

2026 CO 4. No. 25SA224. Competency to Proceed—Statutory Right to Second-Opinion Competency Evaluation—CRS §§ 16-8.5-101 to -103—People v. Lindsey—Lack of Discretion to Deny Timely Request for Second-Opinion Competency Evaluation.

January 12, 2026

In this original proceeding, the supreme court held that when a criminal defendant timely requests a second-opinion competency evaluation to test or challenge an initial court-ordered competency evaluation, the trial court lacks the discretion to deny that request. In this case, the trial court denied the defense’s timely request for a second-opinion competency evaluation, retroactively concluding that the initial competency motion should not have been granted because it failed to satisfy the threshold requirements set forth in CRS § 16-8.5-102(2)(b). But the court determined that, once a court-ordered competency evaluation has been completed, CRS § 16-8.5-103 entitles a party to a second-opinion evaluation, a hearing, or both, as long as the party timely requests such an evaluation and/or hearing.
Here, following the completion of a court-ordered competency evaluation at the Colorado Mental Health Hospital in Pueblo, the defense timely moved for a second-opinion evaluation and a hearing. The trial court granted the request for a hearing but denied the request for a second-opinion evaluation. However, because both requests were timely, the trial court lacked the discretion to deny either of them.
Thus, the trial court erred. Accordingly, the court made absolute the order to show cause and remanded the case for further proceedings.