Idaho Code
Idaho Code § 18-210 (2026)
Lack of capacity to understand proceedings — Delay of trial.
✓ current as of May 2026
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Lack of capacity to understand proceedings — Delay of trial.
No person who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted, sentenced or punished for the commission of an offense so long as such incapacity endures.
Notes of Decisions
Cited in 37
cases (2 in the last 5 years), 1972–2026 · leading case: Ridgley v. State, 227 P.3d 925 (Idaho 2010).
Ridgley v. State, 227 P.3d 925 (Idaho 2010). “In fact, I was not able to assist in my defense. I had no basis of knowledge. In other words, Ridgley alleges that his counsel was ineffective for failing to recognize that he was incompetent at the time he entered his plea.”
State v. Lovelace, 90 P.3d 278 (Idaho 2003). “The Dusky test has been restated in I.C. § 18-210: No person who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted, sentenced or punished for the commission of,,an offense so…”
State v. Card, 825 P.2d 1081 (Idaho 1991). “§§ 18-114, [4] 18-115 [5] and 18-207. Finally, those "profoundly or severely retarded" individuals who do not fall under the first two protections and are convicted and who are "wholly lacking capacity to appreciate the wrongfulness of their actions" are protected by the…”
State v. Powers, 537 P.2d 1369 (Idaho 1975). “Appellant con- *842 eludes by stating it is a violation of Idaho Code § 18-210 , and a denial of due process to compel a defendant under such circumstances to stand trial.”
State v. Hawkins, 229 P.3d 379 (Idaho Ct. App. 2009). “Idaho Code § 18-210 provides that: No person who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted, sentenced or punished for the commission *778 of an offense so long as…”
State v. Burke, 462 P.3d 599 (Idaho 2020). “On March 26, 2018, Burke’s attorney moved the magistrate court for a psychiatric evaluation to determine Burke’s mental competency for court proceedings pursuant to Idaho Code sections 18-210 and 18-211. The magistrate court granted the motion on March 28, 2018.”
State v. Delling, 267 P.3d 709 (Idaho 2011). “Finally, those ‘profoundly or severely retarded’ individuals who do not fall under the first two protections and are convicted and who are “wholly lacking capacity to appreciate the wrongfulness of their actions’ are protected by the sentencing provisions of I.”
State v. Hayes, 69 P.3d 181 (Idaho Ct. App. 2003). “Idaho Code § 18-210 provides that a person who lacks capacity to understand the proceedings against him or to assist in his own defense because of a mental disease or defect may not be tried, sentenced, or punished for the commission of an offense.”
State v. Longoria, 992 P.2d 1219 (Idaho Ct. App. 1999). “d as set forth in section 18-210, Idaho Code, the court shall appoint at least one (1) qualified psychiatrist or licensed psychologist or shall request the director of the department of health and welfare to designate at least one (1) qualified psychiatrist or licensed…”
State v. Cope, 129 P.3d 1241 (Idaho 2006). “The State charged Cope with first-degree murder and filed a motion for a psychological evaluation pursuant to I.C. §§ 18-210 and 18-211. The State amended its charge to include a notice of intent to seek a sentence enhancement for use of a deadly weapon pursuant to I.”
State v. Potter, 712 P.2d 668 (Idaho Ct. App. 1985). “Idaho Code § 18-210 states: No person who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted, sentenced or punished for the commission of an offense so long as such incapacity…”
State v. Hanson, 271 P.3d 712 (Idaho 2012). “During the third sentencing hearing, Hanson’s counsel requested that Hanson undergo a competency evaluation pursuant to I.C. § 18-210 because of counsel’s difficulty communicating with his client and because of Hanson’s refusal to participate in the PSI.”
— Idaho Code § 18-210(1987) — 1 case
State v. Harper, 922 P.2d 383 (Idaho 1996).
— Idaho Code § 18-210(3) — 1 case
State v. Slinkard (Idaho Ct. App. 2025).
— Idaho Code § 18-210(5)(c) — 1 case
State v. Lovelace, 90 P.3d 278 (Idaho 2003). “The Dusky test has been restated in I.C. § 18-210: No person who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted, sentenced or punished for the commission of,,an offense so…”
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