Can a petitioner who may be incompetent waive his right to have the court determine his capacity to stand trial?

5. A petitioner who may be incompetent cannot "knowingly or intelligently `waive' his right to have the court determine his capacity to stand trial," Pate, 383 U.S. at 384, nor should he " `be presumed to possess sufficient intelligence that he will be able to adduce evidence of his incompetency which might otherwise be within his grasp.' " Medina, 505 U.S. at 450 (quoting United States v. DiGilio , 538 F.2d 972, 988 (3d Cir. 1976)).

5. A petitioner who may be incompetent cannot "knowingly or intelligently `waive' his right to have the court determine his capacity to stand trial," Pate, 383 U.S. at 384, nor should he " `be presumed to possess sufficient intelligence that he will be able to adduce evidence of his incompetency which might otherwise be within his grasp.' " Medina, 505 U.S. at 450 (quoting United States v. DiGilio , 538 F.2d 972, 988 (3d Cir. 1976)).