94 results for 'cat:"Competence"'.
J. Williamowksi finds the trial court was not required to sua sponte conduct a competency hearing prior to defendant's trial on assault charge. His comments about the unfairness of the judicial system and his refusal to accept court-appointed counsel did not raise any questions about his competence but merely demonstrated his frustration at the legal system. Meanwhile, the court properly allowed defendant to waive his right to counsel and represent himself because it conducted several hearings before it granted his motion, during which it clearly explained all of the dangers of self-representation and made completely sure defendant was willing to proceed without an attorney. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: October 30, 2023, Case #: 2023-Ohio-3936, Categories: competence, Assault, Self Representation
Per curiam, the Fifth Circuit finds the district court properly denied defendant’s habeas corpus petition. Defendant was found guilty of murdering two women who were spreading word of two other murders he committed, and his trial counsel did not object to the families’ testimony regarding the effects of their loved ones’ deaths. Defendant’s state habeas attorneys neither abandoned him nor rendered ineffective assistance by not contesting his competency to waive further habeas proceedings. Defendant fails to show cause under relevant case law for procedurally defaulting his claim regarding counsel’s performance. He has also not shown a substantial likelihood that his full medical report would have changed the outcome of the competency hearing. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 19, 2023, Case #: 22-70001, Categories: competence, Habeas, Murder
Per curiam, the Fifth Circuit finds the district court improperly granted the government’s motion to involuntarily medicate the incompetent defendant who threatened a federal judge and whose religious faith requires abstention from psychiatric medication. Defendant’s religious beliefs, combined with his lengthy sentence and potential civil confinement, reduces the government’s interests in forcible medication. Religious liberty, though not a “get out of jail” card, can constitute a “special circumstance” under guiding case law, and defendant properly raised a religious objection to forcible medication. Vacated and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 17, 2023, Case #: 23-30030, Categories: competence, Civil Rights
J. Doherty finds that the lower court properly convicted defendant of murder after allowing him to proceed pro se despite his mental health issues and noncompliance with medication. The court conducted a full evidentiary hearing on the matter of defendant's competence and reasonably relied on its observations of defendant in addition to expert testimony. Affirmed.
Court: Illinois Appellate Court, Judge: Doherty, Filed On: October 13, 2023, Case #: 220797, Categories: competence, Murder, Self Representation
J. Womack finds the trial court properly convicted defendant for capital murder, sentencing him to life in prison. Substantial evidence shows that defendant stabbed his ex-wife 45 times, leaving her deceased body on the bedroom floor while he showered, changed clothes and contacted his mother. The jury adequately heard and rejected defendant’s affirmative-defense argument regarding his mental state and alleged involuntary intoxication by his use of Wellbutrin. The number of wounds targeting the victim’s face, neck and chest indicates an intent that rises to premeditation or deliberation. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack, Filed On: October 12, 2023, Case #: CR-22-821, Categories: competence, Evidence, Murder
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J. Golemon finds the trial court properly convicted defendant for felony possession of meth. Though defendant said that he is a member of the “American National Union,” claiming that the United States is not a country and that he is not subject to the laws, the court fully explained the pitfalls of self-representation and did not abuse its discretion by making no competence inquiry. Defendant’s expressed nervousness showed an understanding of the adversarial nature of the proceedings. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 11, 2023, Case #: 09-21-00390-CR, Categories: competence, Drug Offender, Self Defense
[Consolidated] J. Stiglich finds the district court improperly dismissed the criminal complaint as a remedy for its violation of defendant's due process rights. Defendant remained in jail for 160 days before being transferred to the psychiatric hospital for competency restoration. Precedent does not support the district court's conclusion that aggravated circumstances warranted dismissal with prejudice. The district court neglected to balance deterrent objectives against society's interest in prosecuting crime. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: September 14, 2023, Case #: 85400, Categories: competence, Sex Offender, Due Process
J. Johnson finds the trial court properly convicted defendant for arson, assessing punishment at 14 years of confinement. Though defendant asserts that the trial court “should have found some evidence of incompetency” because a doctor was ordered to evaluate him, the court withdrew and vacated that order. Defendant's argument that his decision not to apply for probation was evidence of incompetency is rejected, as he acknowledged understanding the court's explanation of the consequences. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: September 13, 2023, Case #: 09-22-00373-CR, Categories: competence, Arson
J. Kelety finds that the trial court improperly found that defendant represented a substantial threat to others due to mental illness and recommitted her as a mentally disordered offender. In 1999, prompted by paranoid ideation, she tried to kill her landlord and then imprisoned him, which led to a 17-year sentence that she completed. The record contains no substantial evidence that she has any history of dangerous behavior since the commitment offense, and recommitment cannot be based on conclusory speculation that a violent past poses a risk of future violence.
Reversed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: September 1, 2023, Case #: D081246, Categories: competence, Murder
J. Gaitas affirms the district court's denial of a postconviction relief petition arguing that a defendant's due process rights were violated when the district court failed to order a competency evaluation and his attorney did not request one. At relevant hearings, the defendant's behavior was not so unusual that a reasonable attorney should have doubted his competence, regardless of the defendant's previous findings of incompetence for similar behavior. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Gaitas, Filed On: August 28, 2023, Case #: A21-0938, Categories: competence, Ineffective Assistance, Domestic Violence
J. Boomgaarden finds that the lower court properly convicted defendant of attempted murder and assault stemming from a high-speed chase and shootout with police. Defendant claims that prosecutors committed misconduct when they presented testimony from experts regarding his competency and mental health, but the testimony was permissible and defendant was not prejudiced by their admittance during proceedings. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden , Filed On: August 24, 2023, Case #: S-22-0285, Categories: competence, Prosecutorial Misconduct, Assault
J. Hamilton finds that the lower court properly denied defendant's motion to withdraw his guilty plea to possession of child pornography. A psychological evaluation confirmed that defendant had been competent to plead guilty, and the court reasonably found that he had done so knowingly and voluntarily. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: August 23, 2023, Case #: 22-2366, Categories: competence, Child Pornography
J. Gregory finds the lower court improperly dismissed the murderer's motion to review his 2013 federal habeas petition, which was denied for being untimely, on the grounds that his multiple mental health disabilities had prevented him from effectively petitioning the court. Following his arrest for the murders of his ex-wife and her boyfriend, he was twice found incompetent to stand trial and was twice admitted to a hospital for treatment to restore his competency. His motion was filed within a reasonable time, given the extensive evidence documenting his severe mental disabilities. Reversed.
Court: 4th Circuit, Judge: Gregory , Filed On: August 15, 2023, Case #: 20-6351, Categories: competence, Habeas, Murder
J. Osowik finds that although defendant's attorney was later charged in disciplinary proceedings and forced to resign from the practice of law, he provided competent representation during her case and was fully prepared for trial at the time he advised her to enter an Alford plea. Defendant answered all of the court's questions coherently and lucidly during her plea colloquy, and while she had a history of bipolar disorder, nothing indicated she was incompetent to stand trial or would be prejudiced by the plea agreement. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Osowik, Filed On: August 11, 2023, Case #: 2023-Ohio-2796, Categories: competence, Ineffective Assistance, Assault
Per curiam, the Fifth Circuit finds the district court improperly granted the government’s motion to involuntarily medicate defendant, who is on trial for threatening to assault a federal judge, is not competent to stand trial and is forbidden from using psychiatric medication by his religion. Though the government has shown it has a compelling interest in administering the medication, the court must consider in the first instance whether the Religion Freedom Restoration Act or any other religious-freedom protection applies. Vacated and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 11, 2023, Case #: 23-30030, Categories: competence, Threats, Civil Rights
J. Heytens finds the lower court properly sentenced defendant to death after he was found guilty of fatally shooting two bank employees during a robbery. The lower court had no duty to order a psychological examination by a court-appointed expert to determine whether defendant was fit for trial, especially considering the fact that defendant's counsel fought to show that he was, in fact, fit for trial. Affirmed.
Court: 4th Circuit, Judge: Heytens , Filed On: August 9, 2023, Case #: 20-1, Categories: competence, Death Penalty, Fair Trial
J. Worthen finds the county court properly authorized administration of psychoactive medication to the defendant who was found incompetent to stand trial and was committed to the state hospital. The treating physician testified that defendant would regain competency more quickly if the medications are administered, that the medications constitute the proper course of treatment, the benefits outweigh the risks and that the medications are in defendant’s best interest. She also testified that no alternatives were available. There was no disputed evidence that the trial court could not reasonably have resolved in favor of its ruling. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: July 31, 2023, Case #: 12-23-00143-CV, Categories: Commitment, competence
J. Kiley finds a lower court improperly granted a defendant's motion for incompetency. The defendant argued that he was deemed incompetent to stand trial on murder charges. However, the State presented sufficient evidence in court that it is entitled to refile charges against the defendant after he failed to present evidence that he experienced a "change in competency." Vacated.
Court: Arizona Court Of Appeals Division One, Judge: Kiley, Filed On: July 13, 2023, Case #: 1 CA-SA 23-98, Categories: competence, Murder
J. Johnson finds that defendant had effective assistance of counsel during a hearing for an emergency order to authorize the involuntary administration of psychiatric drugs. A person subject to a competency hearing is entitled the counsel and may file a direct appeal to claim ineffective assistance. During the two days counsel had to prepare for the hearing he had access to all medical records, witnesses and defendant's treating physician, and defendant did not provide any reason why he should not receive the drugs. Affirmed.
Court: Colorado Court Of Appeals, Judge: Johnson, Filed On: July 13, 2023, Case #: 22CA2278, Categories: competence, Ineffective Assistance
J. Pirtle finds the county court properly denied defendant’s motion for postconviction relief without evidentiary hearing regarding his convictions for motor vehicle homicide, manslaughter, driving under the influence causing serious bodily injury and refusal to submit to a breath test. All evidence supports the convictions. The record shows that defendant would not have been found incompetent, so his counsel was not ineffective for failing to seek evaluation. Defendant’s appellate counsel was not ineffective for failing to raise the claim on direct appeal, so the claim was properly denied. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: July 11, 2023, Case #: A-22-716, Categories: competence, Ineffective Assistance, Vehicular Homicide
J. Sutton finds the trial court properly found defendant competent to stand trial on arson and murder charges related to several fires, one of which killed seven people, including five children. Although he suffered from a mental illness, he was placed under 24/7 supervision in a mental health facility for 20 days after being arrested and showed no signs of delusion or a lack of understanding about the proceedings against him. Meanwhile, defendant failed to prove prejudice as a result of a single trial for all three fires, given that the jury acquitted him of some of the charges. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Sutton, Filed On: June 30, 2023, Case #: 2023-Ohio-2220, Categories: competence, Murder, Arson
J. Powers finds the juvenile court erred when it applied an incorrect legal standard to determine witness competence. “The state had the burden to prove that [the witness] had sufficient ability to perceive, recollect, and communicate about those events so that it was worthwhile for [the witness] to testify.” Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: June 28, 2023, Case #: A175034, Categories: competence, Sex Offender, Witnesses
J. Carr finds that defendant was properly denied relief from his conviction for failing to register as a sex offender and assaulting a peace officer because defendant appeared rational and logical and understood the charges against him before pleading guilty. Affirmed.
Court: Iowa Court Of Appeals, Judge: Carr, Filed On: June 21, 2023, Case #: 21-1985, Categories: competence, Sex Offender, Plea
J. Baker finds that the district court employed its "conscientious judgment" in determining that defendant had regained competence and that criminal proceedings against him for hijacking a bus could resume. He was only required to appreciate the criminality of his actions in order to be sentenced, not to show he was fit to stand trial. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: June 13, 2023, Case #: DA 21-0196, Categories: competence, Assault, Speedy Trial