14 results for 'cat:"Competence" AND cat:"Assault"'.
J. Luthy finds that the trial court erred in dismissing a victim's sexual assault complaint as time-barred. The statute of limitations was tolled during the time that the victim was deemed incompetent, even after she had been appointed a legal guardian. The victim's tolling argument on appeal is different than the one she made at trial, but it was preserved since she did not present an entirely new issue. Also, neither side, nor the trial court, recognized controlling law so defendant's invited error claim also fails. Reversed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: May 9, 2024, Case #: 20220315-CA, Categories: assault, competence
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. 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. 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
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[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. 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
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
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
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. 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
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
Per curiam, the Wisconsin Supreme Court finds the court of appeals incorrectly upheld the circuit court's order calling for involuntary medication to restore defendant's competency. Because the state concedes it did not meet its burden under U.S. Supreme Court precedent controlling the narrow circumstances in which a lower court can order involuntary medication to make a defendant competent for trial, the court of appeals' ruling is overturned, and the case is remanded. Reversed.
Court: Wisconsin Supreme Court, Judge: Per curiam, Filed On: June 2, 2023, Case #: 2020AP819-CR, Categories: competence, assault, Due Process
J. Miller denies the assault defendant’s petition for a writ of prohibition to stay the appointment of an expert doctor after his defense counsel urged the trial court to reject the Department of State Hospitals’ certificate of restoration to competency. The relevant code requires that the rejection of a certificate of restoration to competency be based on an expert report supporting the finding that the defendant is incompetent.
Court: California Courts Of Appeal, Judge: Miller, Filed On: May 25, 2023, Case #: A166307, Categories: competence, assault, Due Process