Waiver

bestmilitarydefenseucmjdefenselawyer245Moore v. Campbell , 344 F.3d. 1313 (11th Cir. 2003). The Eleventh Circuit Courtof Appeals looked at whether a defendant in a capital case can forfeit his right to competency – a case of first impression. Moore attempted suicide during his capital murder trial. After treatment at a hospital and subsequent examination by a psychiatrist, Moore appeared at trial, which resumed on 31 August. From 27 August until the evening of 1 September, Moore had refused anything to eat or drink, resulting in dehydration. The state court found Moore was competent to stand trial and that he took a “calculated and concerted effort to disrupt his murder trial.” The state court also found Moore’s asserted incompetence similar to a defendant whose behavior results in exclusion from a trial. Reviewing the state court proceedings during a federal habeas petition, the Court of Appeals determined that the “state court’s determination that a capital defendant in Alabama can forfeit his right to be competent – that is mentally present – at trial” was not contrary to or an unreasonable application of clearly established Supreme Court precedent, if only because the issue has not been yet decided by the Supreme Court.