456
Blackmun, J., dissenting
As the Court points out, ante, at 451-452, the other cases in which we have placed the burden of proof on the government are distinguishable. See Colorado v. Connelly, 479 U. S. 157, 168-169 (1986) (burden of proof on government to show waiver of rights under Miranda v. Arizona, 384 U. S. 436 (1966)); Nix v. Williams, 467 U. S. 431, 444-445, n. 5 (1984) (burden on government to show inevitable discovery of evidence obtained by unlawful means); United States v. Matlock, 415 U. S. 164, 177-178, n. 14 (1974) (burden on government to show voluntariness of consent to search); Lego v. Twomey, 404 U. S. 477, 489 (1972) (burden on government to show voluntariness of confession). In each of these cases, the government's burden of proof accords with its investigatory responsibilities. Before obtaining a confession, the government is required to ensure that the confession is given voluntarily. Before searching a private area without a warrant, the government is generally required to ensure that the owner consents to the search. The government has no parallel responsibility to gather evidence of a defendant's competence.
Justice Blackmun, with whom Justice Stevens joins, dissenting.
Teofilo Medina, Jr., may have been mentally incompetent when the State of California convicted him and sentenced him to death. One psychiatrist testified he was incompetent. Another psychiatrist and a psychologist testified he was not. Several other experts testified but did not express an opinion on competence. Instructed to presume that petitioner Medina was competent, the jury returned a finding of competence. For all we know, the jury was entirely undecided. I do not believe a Constitution that forbids the trial and conviction of an incompetent person tolerates the trial and conviction of a person about whom the evidence of competency is so equivocal and unclear. I dissent.
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