91 results for 'cat:"Competence"'.
Per curiam, the Supreme Judicial Court of Massachusetts determines that, where the defendant is a juvenile with executive functioning issues and learning disabilities that make it difficult if not impossible for him to understand court procedure without specialized instruction, “the ability to propose, finance, order, and compel remediation programming falls beyond the purview of the court.” Discharged and remanded.
Court: Massachusetts Supreme Court, Judge: Per curiam, Filed On: May 7, 2024, Case #: SJC-13466, Categories: competence, Juvenile Law, Murder
J. Oliver finds that defendant's behavior was not required to hold a sua sponte hearing to evaluate defendant's competence to stand trial for sexual abuse of a child. His remarks about his medical conditions did not require a hearing, and counsel assured the trial court that he comprehended events and could aid in his defense. Also, counsel was not deficient for seeking testimony about the victim's truthfulness since defendant admitted to the abuse in recorded interviews. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: May 2, 2024, Case #: 20220407-CA, Categories: competence, Ineffective Assistance, Sex Offender
J. Anderson reverses the defendant's convictions for first-degree arson, second-degree burglary and theft of a motor vehicle. The district court abused its discretion in denying the defendant the right to assert a mental-illness defense, since several reports on his mental state indicate that the disturbances leading to his conduct pre-existed his drug use. Reversed.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: May 1, 2024, Case #: A22-1206, Categories: Burglary, competence, Arson
J. Heytens finds the lower court denied to dismiss the indictment under the Speedy Trial Act. The defendant has a long history of mental illness and substance abuse. After an episode that started with him knocking on a stranger’s door to ask for a drink of water and ended with him pulling a gun, he was convicted of possessing a firearm after being convicted of a felony. The defendant's trial was significantly delayed after he was declared incompetent, an allowed exception to the Act. Affirmed.
Court: 4th Circuit, Judge: Heytens , Filed On: April 30, 2024, Case #: 23-4089, Categories: competence, Firearms, Speedy Trial
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J. Higginson finds the district court properly convicted defendant for wire fraud, bank fraud and conspiracy. Defendant committed extensive fraud in connection with student loan applications submitted on behalf of real and fictional students. He concealed his identity as a paid application preparer, also falsely representing student eligibility, qualifications and academic history, and paying people to impersonate students. Though post-trial counsel suggested defendant was delusional, and without the ability to understand the proceedings, the district court conducted a careful evaluation of his lack of history of irrational behavior, his demeanor and behavior at trial, and medical records and opinions regarding his competency. Affirmed.
Court: 5th Circuit, Judge: Higginson , Filed On: April 25, 2024, Case #: 23-30069, Categories: competence, Fraud, Conspiracy
J. Smith finds the district court properly convicted defendant for distributing child pornography. A large collection of pornography was found at the home defendant shared with his parents after agents detected suspicious activity from an IP address in the home. Though defendant had been diagnosed with autism spectrum disorder and schizophrenia, he was found competent to stand trial. There was a "genuinely mixed bag" of evidence from skilled witnesses as to the nature of defendant's mental illness, providing for no plain determination, and, therefore, deferment must be made to the district court’s "reasonable assessment of the complex record." Affirmed in part.
Court: 5th Circuit, Judge: Smith , Filed On: April 25, 2024, Case #: 22-50987, Categories: competence, Witnesses, Child Pornography
J. Pickering finds the juvenile court improperly certified the juvenile for murder and robbery proceedings as an adult. The 14-year-old, with an IQ of 66, was originally found incompetent, followed by competency-restoration before he was eventually declared competent. The juvenile court did not address conflicting expert testimony as to the juvenile's understanding of the proceedings and ability to assist counsel. The court applied juvenile-court-specific competency standards, emphasizing there is no right to a jury trial in juvenile delinquency adjudication. Vacated.
Court: Nevada Supreme Court, Judge: Pickering , Filed On: April 18, 2024, Case #: 84563, Categories: competence, Juvenile Law, Murder
Per curiam, the Louisiana appellate court finds that the trial court should not have denied the state’s motion to disqualify a doctor who provided a report to the court regarding defendant’s competency. After the doctor rendered her expert opinion regarding defendant’s competency, the defense hired her as their expert to examine defendant and render an opinion regarding his sanity at the time of the offense. Therefore, the doctor cannot be considered independent from her role as a court-appointed expert of the sanity commission. Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: April 15, 2024, Case #: 24-K-30 , Categories: competence, Experts
J. Blackburned-Rigsby finds the trial court erroneously failed to conduct a Frendak intelligently and voluntarily waived the insanity defense during his trial for his attack on a taxi driver with a hammer. Substantial proof raises a question of defendant's sanity at the time of the crime and, therefore, the case must be remanded to allow the trial court to conduct the proper inquiry.
Court: DC Court of Appeals, Judge: Blackburne-Rigsby, Filed On: April 11, 2024, Case #: 22-CM-0898 , Categories: competence, Assault, Weapons
J. Rose finds that the trial court improperly granted the state's motion to involuntarily medicate defendant, who was charged with burglary and arson after setting ablaze a six-story apartment building under construction. Defendant had not exhausted all other forms of treatment, and it was not clearly demonstrated that another antipsychotic medication would interfere with defendant's ability to assist counsel. Reversed.
Court: New Jersey Appellate Division, Judge: Rose, Filed On: April 8, 2024, Case #: A-0467-23, Categories: Burglary, competence, Arson
J. Kelety finds that the trial court properly denied defendant's motion for a mental health diversion prior to a 2022 trial in which he was convicted of aggravated mayhem and assault with a deadly weapon. But the trial court must revisit his motion so it may consider subsequent statutory amendments that are retroactively applicable because they became effective prior to his sentencing. Reversed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: April 3, 2024, Case #: D081445, Categories: competence, Assault
J. Neeley finds the trial court properly convicted defendant for assault on a public servant. A habitual offender sentencing enhancement resulted in a potential life sentence. Defendant moved for a competency evaluation, which resulted in the determination he was competent to stand trial. Defendant attempted to challenge the evaluation in various ways during trial. Though there is some evidence of mental illness, there is none from which it may be inferred the illness renders defendant incapable of consulting rationally with counsel. No evidence supports a finding defendant is incompetent to stand trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: March 28, 2024, Case #: 12-23-00094-CR, Categories: competence, Sentencing, Assault
J. Knecht finds that the lower court improperly ordered respondent subject to involuntary administration of psychotropic medications. The state failed to fulfill its obligation to amend the allegations in its petition after learning that respondent potentially had a healthcare power of attorney naming her mother as the healthcare agent. Further, there is no evidence the state attempted to discuss with the mother a treatment plan for her daughter. Reversed.
Court: Illinois Appellate Court, Judge: Knecht, Filed On: March 28, 2024, Case #: 220788, Categories: competence
Per curiam, the North Dakota Supreme Court finds that the district court properly denied an application for post-conviction relief after defendant alleged ineffective assistance of counsel. Defendant claimed his counsel did not request a psychological evaluation to determine his competency to assist in his defense before his change of plea. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: March 18, 2024, Case #: 2024ND50, Categories: competence, Ineffective Assistance
J. Klatt finds the lower court erroneously determined defendant was competent to waive counsel. Although his relationship with his appointed attorney had broken down such that he refused to meet with her prior to her filing of a motion for postconviction relief, the court was still required to hold a hearing or colloquy with defendant to determine whether he understood the consequences of his decision to waive counsel. Reversed.
Court: Ohio Court Of Appeals, Judge: Klatt, Filed On: March 11, 2024, Case #: 2024-Ohio-904, Categories: competence, Self Representation
J. Smith finds the trial court properly determined defendant was competent to enter a guilty plea despite not making its determination a part of the record. Defendant's attorney stipulated to the findings of the evaluator, while defendant was also questioned extensively by the court before she entered her guilty plea. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: March 8, 2024, Case #: 2024-Ohio-924, Categories: competence, Plea, Child Victims
J. Soud finds the trial court properly found defendant incompetent to stand trial due to mental illness and committed him to the state's care in his case involving charges of aggravated assault on a law enforcement officer with a deadly weapon. Because defendant was previously found incompetent at least once before, and because a doctor's report portrayed him as "clucking like a chicken" and "barking and howling" and making sexually inappropriate comments during his evaluation he refused to comply with, there was substantial evidence to support the trial court's finding of incompetence and involuntary commitment to restore his competence. The state agency's motion for writ of certiorari is denied.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: February 29, 2024, Case #: 23-3716, Categories: competence, Assault
J. Motoike holds that the trial court erroneously found the vehicle code precluded DUI defendants from mental health treatment diversions. Further proceedings are needed to decide if defendant, facing four misdemeanor DUI charges, should be diverted to mental health treatment.
Court: California Courts Of Appeal, Judge: Motoike, Filed On: February 28, 2024, Case #: G062648, Categories: competence, Dui
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
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