In the Matter of the Petition for a Writ of Habeas Corpus by Clay Snyder.
BY THE COURT
Fourteenth Amendment prohibits the criminal prosecution of a
defendant who is not competent to stand trial.
Delays attributable to a defendant's incompetency to
stand trial do not infringe upon his or her Sixth Amendment
speedy trial rights.
the facts of this case, the petitioner was not denied due
process under Jackson v. Indiana, 406 U.S. 715, 92
S.Ct. 1845, 32 L.Ed.2d 435 (1972).
Original proceeding in habeas corpus.
J. Dinkel, public defender, argued the cause, and Ashley J.
Long, assistant public defender, was with him on the briefs
Kristafer R. Ailslieger, deputy solicitor general, argued the
cause, and Derek Schmidt, attorney general, was with him on
the brief for respondent.
2013, the Saline County District Court first found Clay
Robert Snyder not competent to stand trial because of his
intellectual disability. Since then, Snyder has cycled
through competency detainment and involuntary commitment at
least twice. Most recently in November 2016, the district
court found Snyder was still not competent to stand trial and
ordered the State to initiate civil commitment proceedings
thereafter, Snyder petitioned for habeas relief, asking us to
release him from confinement and dismiss his criminal charges
with prejudice to remedy federal speedy trial, due process,
and equal protection violations. We find no violations on the
present showing and deny Snyder's petition for habeas
AND PROCEDURAL BACKGROUND
December 27, 2012, Snyder was charged with rape, aggravated
criminal sodomy, and aggravated indecent liberties with a
child in Saline County. A few days before the preliminary
hearing was scheduled to occur, defense counsel filed a
motion to determine Snyder's competency to stand trial.
The district court granted the motion and ordered Snyder to
undergo multiple competency evaluations.
evaluation yielded the same conclusion-that Snyder was
incompetent to stand trial. The examining psychologists
opined that Snyder suffers from a severe intellectual
disability arising from microcephaly. They described Snyder
as: "extremely impaired and in the lower end of the Mild
Mental Retardation range"; "suffering from a
Pervasive Developmental Disorder that is directly related to
microcephaly"; and having short-term memory that is
"significantly below average." On May 23, 2013, the
district court found Snyder not competent to stand trial and
ordered him committed to Larned State Hospital (Larned) for
evaluation and treatment for a period not to exceed 90 days.
it is relevant to this factual summary, we pause now to
address Snyder's motion under K.S.A. 60-409 for judicial
notice of the nature of microcephaly. Snyder has recited
medical facts about microcephaly and its attending
disabilities. The State does not oppose the motion and does
not contest the common definition of microcephaly as a
medical condition in which a baby's head is smaller than
normal, often present at birth and accompanied by lifelong
intellectual disability. Further, the evidence in the record
is clear that Snyder suffers from the condition of
microcephaly and his intellectual disabilities all stem from