94 results for 'cat:"Competence"'.
J. Richman finds that the trial court erred in denying a gravely disabled person's motions to dismiss conservatorship proceedings. The trial court abused its discretion in finding that good cause existed to continue the trial despite a statutory requirement that proceedings commence within 10 days. But the disabled person failed to show prejudice or that the trial court erroneously concluded that she was gravely disabled. Affirmed.
Court: California Courts Of Appeal, Judge: Richman, Filed On: February 27, 2024, Case #: A167919, Categories: Commitment, Due Process, competence
J. Alley finds a lower court did not err in sentencing defendant to 55 years in prison for murder. Defendant, who was delusional at the time of the incident but did not seek an insanity defense, argued the sentence was too long and therefore violated “the rehabilitation objective of the Texas Penal Code,” but defendant did not preserve error for review — and even if he did, “a sentence that falls within the statutory range of punishment is not an abuse of discretion.” Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: February 23, 2024, Case #: 08-23-00142-CR, Categories: competence, Murder, Sentencing
J. Cannataro finds that the appellate division properly held that defendant could be assigned a sex offender classification level before prison release even though he was confined elsewhere at the time due to his deteriorating mental state. A competency hearing was not needed first because the process for classifying defendants offers sufficient due process safeguards. Affirmed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: February 22, 2024, Case #: 10, Categories: competence, Sex Offender, Due Process
J. Salter finds that the circuit court improperly denied a motion for dismissal of criminal charges under South Dakot Codified Law which requires dismissal of a defendant’s criminal charges when “there is no substantial probability that the defendant will become competent to proceed in the foreseeable future.” The court committed defendant to a state facility for competency restoration treatment. Those efforts have not been successful, and as a result of a series of “re-commitments,” defendant remains committed. Reversed.
Court: South Dakota Supreme Court, Judge: Salter, Filed On: February 21, 2024, Case #: 2024SD12, Categories: competence, Commitment
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J. McClendon finds that defendant was properly found guilty of attempted second degree murder and second degree battery stemming from an attack on two workers for the Lafourche Parish Water District. Based on the evidence, the jury could have "rationally concluded" that defendant did not prove he was insane at the time he committed the offenses. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: February 21, 2024, Case #: 2023KA0699, Categories: competence, Murder, Battery
J. Richardson finds the lower court properly convicted the defendant of drug trafficking charges. The defendant is not eligible for relief through the speedy trial provision despite it taking nearly two years from his arrest to his trial because it excludes any period of delay caused by a continuance, so long as the court grants the continuance because it serves the ends of justice and the court sets forth its reasoning on the record. Between the COVID-19 pandemic, the defendant going through four attorneys, and incompetency proceedings, the court had plenty of reason to delay the trial. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: January 22, 2024, Case #: 22-4209, Categories: competence, Drug Offender, Speedy Trial
[Modified.] J. Streeter deletes a citation and fixes a typo with no change in judgment. The trial court failed to provide defendant with an opportunity to make a knowing and intelligent waiver of his right to have a jury determine if he should be recommitted for another year as a violent offender with a mental health disorder. The record must show that a defendant subject to commitment demonstrated an understanding of how a jury operates, the significance of a jury trial and the consequences of waiver.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: January 22, 2024, Case #: A166084, Categories: competence, Jury, Assault
J. Swan finds the superior court properly convicted defendant of first-degree murder, assault as an act of domestic violence, firearm possession and other charges connected to the murder of his wife. Defendant's challenges to his conviction all fail, including those claiming that the prosecution failed to prove his actions were not a result of mental illness; the superior court failed to call a mistrial in violation of his due process rights and improperly allowed the prosecution's expert witness to testify that defendant's expert witness' report was deficient during rebuttal; and jury instructions improperly gave him the burden of presenting "some evidence" of his insanity. Because the evidence presented at trial was also sufficient to show defendant was sane when he shot his wife in anger over her plan to divorce him, defendant's conviction stands even though the prosecution made some "inappropriate statements." Affirmed.
Court: Virgin Islands Supreme Court, Judge: Swan, Filed On: January 17, 2024, Case #: 2024 VI 4, Categories: competence, Murder, Experts
J. Dato holds that the trial court must grant defendant's request for a mental health diversion prior to trial on a robbery charge. The conclusion that she would not respond to psychiatric help was error because her prior substance abuse treatment did not address underlying mental health conditions. And nothing shows she poses a risk to public safety. Reversed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: January 9, 2024, Case #: D082443, Categories: competence, Robbery
J. DeWine finds the trial court's failure to reschedule a competency hearing after defendant refused to appear at the scheduled hearing did not violate his constitutional rights. Evidence in the record did not indicate any serious mental health issues that would have precluded a trial. Although defendant became confrontational in several meetings with his attorney, he told the trial court on several occasions he understood the proceedings against him and was merely frustrated by several delays to his eventual trial, which indicated he was competent to stand trial. Affirmed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: December 28, 2023, Case #: 2023-Ohio-4716, Categories: competence, Constitution
J. Streeter finds that the trial court failed to provide defendant with an opportunity to make a knowing and intelligent waiver of his right to have a jury determine if he should be recommitted for another year as a violent offender with a mental health disorder. The record must show that a defendant subject to commitment demonstrated an understanding of how a jury operates, the significance of a jury trial and the consequences of waiver.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: December 22, 2023, Case #: A166084, Categories: competence, Jury, Assault
Per curiam, the court of appeals finds the trial court properly found defendant's son competent to testify as a witness during his trial on charges stemming from the shooting of his wife. The court conducted a thorough colloquy with the child prior to his testimony that established he knew right from wrong and understood he was required to tell the truth, while defendant's attorney was also able to conduct a thorough cross-examination. Furthermore, sufficient evidence supports the conviction. Although it was undisputed the victim fired several shots before she was shot and killed, expert analysis of the wounds indicated she was shot at very close range at an angle that contradicted defendant's version of where she was located and disproved his claim of an imminent threat. Affirmed.
Court: Ohio Court Of Appeals, Judge: Per curiam, Filed On: December 21, 2023, Case #: 2023-Ohio-4643, Categories: competence, Murder, Self Defense
J. Cradle finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus. All of his ineffective assistance claims were either baseless and conclusory allegations, or unsupported by the evidence in the record. The inmate was properly advised of the charges against him and the risks of going to trial, properly notified of plea negotiations and given a full and fair opportunity to accept the state's plea offer, and did not require a competency hearing because he clearly understood proceedings. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: December 21, 2023, Case #: AC45971, Categories: competence, Habeas, Ineffective Assistance
J. LaGrua finds that the trial court properly found defendant guilty but mentally ill of murder and correctly denied his motion for a new trial. Sufficient evidence was presented to support defendant's conviction, including defendant's admission to an EMT, his pastor, his brother and police that he shot the victim. Defendant has not shown that his trial counsel failed to adequately investigate defendant's insanity defense by failing to procure an expert to testify about defendant's criminal responsibility at the time of the shooting. Affirmed.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: December 19, 2023, Case #: S23A0893, Categories: competence, Murder
J. Guerrero finds the court of appeals improperly rejected defendant's argument the state hospital's certification of his return to competency ended his commitment within the 2-year statutory period. Defendant was charged with multiple sexually violent offenses and was designated for competency determination and restoration. He did not receive a court hearing on the hospital's determination of competence within the 2-year period due to Covid-19 delays and his incompetency commitment did not end with the mere filing of the certificate of restoration. Reversed.
Court: California Supreme Court, Judge: Guerrero , Filed On: December 14, 2023, Case #: S272129, Categories: competence, Sex Offender, Commitment
J. Thomson finds the court of appeals improperly reversed defendant's murder and tampering with evidence convictions, received after he repeatedly stabbed his girlfriend. While the 69-month delay between defendant's indictment and trial on murder charges was presumptively prejudicial, it did not constitute a violation of his speedy trial rights. The majority of the delay was caused by numerous competency hearings, several of which were conducted after defendant was declared incompetent, at which point the state could not continue with a trial. Furthermore, his segregation from the general population in prison was a result of his own violent outbursts and, therefore, did not unduly prejudice him. Reversed.
Court: New Mexico Supreme Court, Judge: Thomson, Filed On: December 7, 2023, Case #: S-1-SC-37879, Categories: competence, Murder, Speedy Trial
Per curiam, the appeals court finds for the state in defendant's challenge in his aggravated battery case related to a competency hearing that he was not present for but resulted in the judge, lawyers and examining doctor all concluding he was competent to proceed. No fundamental error occurred by defendant not being present at the hearing, but the case is remanded so the trial court can enter a written competency order. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: December 6, 2023, Case #: 22-1175, Categories: competence, Battery
J. Prince finds the trial court properly granted summary judgment to the decedent's daughter in this determination of heirs contest. Though no statute of limitations bars the decedent's niece from bringing claims involving the enforceability of the acknowledgment of paternity, the claims do not require a reversal. Evidence involving the decedent's testamentary capacity included a previous criminal competency proceeding and the verdict in that case was insufficient to defeat the presumption favoring sanity and the capability to contract. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Prince , Filed On: December 6, 2023, Case #: 120941, Categories: Evidence, Wills / Probate, competence
J. D'Apolito finds the trial court violated defendant's Sixth Amendment rights when it conducted a bench trial in his arson case. The jury waiver was not signed by defendant and his competency to stand trial had not been determined when the waiver was entered into the record. Additionally, because the not guilty by reason of insanity verdict handed down by the trial court acted as an acquittal, the state cannot retry defendant on the same arson charges, which are now barred by double jeopardy. Reversed.
Court: Ohio Court Of Appeals, Judge: D'Apolito, Filed On: December 5, 2023, Case #: 2023-Ohio-4405, Categories: competence, Double Jeopardy, Arson
J. Trapp finds the trial court improperly excluded wholesale portions of defendant's evidence regarding intellectual disabilities, including poor performance throughout his school career and various socialization problems, and affirmed his death sentence for a murder conviction. The trial court failed to consider several IQ scores and the results of other intellectual-function tests in direct contravention of Sixth Circuit guidelines and placed significantly more weight on the testimony of a single expert witness that focused mainly on defendant's adaptive functioning in prison, all of which precluded it from accurately assessing his competence. Reversed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: December 4, 2023, Case #: 2023-Ohio-4373, Categories: competence, Death Penalty, Cruel And Unusual Punishment
J. Kelly finds a lower court improperly dismissed charges against a defendant for incompetency to stand trial. The defendant argued that she is entitled to relief after failing a competency evaluation. However, the State provided sufficient evidence in court that the superior court exceeded its jurisdiction by tossing out claims against the defendant. Vacated.
Court: Arizona Court Of Appeals Division Two, Judge: Kelly, Filed On: November 30, 2023, Case #: 2 CA-SA 2023-72, Categories: competence, Jurisdiction
J. Abele finds defendant's colloquy with the trial court during his plea hearing constituted a lawful waiver of his right to a trial and entered his Alford plea on the record, while the evidence and allegations in the indictment were sufficient to constitute an allocution of defendant's crimes. Meanwhile, the trial court was not required to sua sponte order a competency hearing because its lengthy discussion with defendant affirmed he was not under the influence of drugs and understood the effects of his plea deal. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: November 16, 2023, Case #: 2023-Ohio-4305, Categories: competence, Sex Offender, Plea
J. Smith finds that the trial court improperly committed defendant to the care of the department of children and families after determining he was incompetent to proceed on criminal charges because evidence did not indicate defendant would respond to treatment or regain competency in the foreseeable future. Reversed.
Court: Florida Courts Of Appeal, Judge: Smith, Filed On: November 15, 2023, Case #: 2D23-873, Categories: competence, Battery, Commitment
J. Miller-Lerman, on review, finds the court of appeals properly affirmed the trial court’s denial of defendant’s motion for postconviction relief without evidentiary hearing from his conviction for child pornography possession. Defendant’s due process claim related to competence was not raised on direct appeal and was properly found to be procedurally barred. Affirmed.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: November 9, 2023, Case #: S-22-393, Categories: competence, Due Process, Child Pornography
J. Hiland finds the trial court properly convicted defendant for murder and aggravated assault on a law enforcement officer. Defendant was pulled over for running a stop sign, with his two-year-old daughter unsecured in the back seat. Cash cam footage shows that defendant did not have a license or registration and gave the officer false information. Another officer arrived and defendant was allowed to call the child’s mother, who later arrived. Defendant was detained on the ground after attempting to exit the vehicle and the mother choked one of the officers. Defendant retrieved a handgun from his vehicle and ran, with the shooting taking place outside the camera range. All evidence is sufficient to support the convictions. A psychiatric expert who provisionally diagnosed defendant with schizophrenia testified that he had the capacity to stand trial. Defendant’s motion for directed verdict was properly denied. Affirmed.
Court: Arkansas Supreme Court, Judge: Hiland, Filed On: November 2, 2023, Case #: CR-23-130, Categories: competence, Murder, Assault