SC20430 - Saunders v.
Commissioner of Correction (“The petitioner claims that the Appellate Court incorrectly
concluded that (1) the defense of procedural default applies to competency
claims, and (2) his pleadings failed to allege sufficient cause and prejudice
to overcome the procedural default defense. We disagree with the petitioner
that competency claims are categorically exempt from being procedurally
defaulted because incompetency may satisfy the cause and prejudice standard to
excuse a procedural default. In the petitioner’s case, our review of the
petition leads us to conclude that his pleadings met the standard necessary to
survive a motion to dismiss. Accordingly, we reverse the Appellate Court’s
judgment and remand the case to that court with direction to remand it to the
habeas court for an evidentiary hearing on the threshold question of whether
the petitioner was incompetent at the time of his underlying criminal trial or
his direct appeal and, if so, whether he suffered any resulting prejudice,
thereby excusing his procedural default.”)