A U.S. Supreme Court decision last month that limits the right of mentally ill defendants to represent themselves in court could affect the case of murderer Joseph Duncan.

Duncan has admitted to killing four members of a North Idaho family and is facing a possible death sentence.

Duncan told U.S. District Judge Edward Lodge in April that he wanted to act as his own attorney. Lodge ordered two mental evaluations to confirm that Duncan was competent to waive his constitutional right to a lawyer.

But as Lodge now prepares to rule on the issue, defense attorneys this week filed a motion asking the judge to say what standard he’ll use, in light of the latest Supreme Court decision. Before the high court decision, the judge made it clear that case law dictated that if Duncan’s competent to undergo court proceedings at all, he’s competent to act as his own attorney. But in the aftermath of the Supreme Court decision, Lodge could now rule that Duncan isn’t competent to represent himself, but remains competent to go through the sentencing proceedings with the help of his attorneys.

Federal prosecutors filed court documents on Wednesday disputing the need for the judge to outline any new competency standard in the Duncan case, saying they believe Lodge will consider the new court decision and other precedents in making the decision. They also contend the only evidence of the defendant’s alleged incompetency is that supplied by defense counsel, and only after the defendant requested to represent himself.

Prosecutors have taken no position on whether Duncan should represent himself or not, saying that’s up to him, and to the court to determine whether he can do so. (Spokesman Review)