State v. Audia

In State v. Audia, 171 W.Va. 568, 301 S.E.2d 199 (1983), the Court found no error in the trial court's refusal to grant a motion for an evidentiary hearing on the day of trial because the psychiatric evidence raised no question as to the defendant's competency. The Court explained that "under W.Va. Code, 27-6A-1(a) 1977, a trial court, in the exercise of its discretion, has no obligation to order mental examinations where there is no initial showing that a defendant is incompetent." Id., 171 W.Va. at 576, 301 S.E.2d at 207 .