competence to stand trial

• Competency to stand trial

• The growing admissibility of expert testimony by clinical social workers on competence to stand trial.

Psychiatric, psychological, and legal observers have noted persistent shortcomings in the quality of evaluations for competence to stand trial since a...

• Social Work
• Vol. 53 Nbr. 2, April 2008

• State v. Lampley, (Ohio 2011)

Competence to stand trial; R.C. 2945.37; defendant referring to himself once at trial as the Holy Ghost and telling the police he was the Holy Spirit; trial court's failure to sua sponte raise the issue of defendant's competence not an error; trial counsel's failure to question defendant's competence to stand trial and to request competency evaluation or hearing, not ineffective assistance of counsel.

• Ohio Supreme Court

• State v. McGrath, (Ohio 2003)

Even when the trial court is required under R.C. 2945.37 to hold a hearing on the issue of defendant's competence to stand trial, the failure to hold such a mandatory hearing constitutes harmless error where the record fails to reveal sufficient indicia of incompetency and instead reveals affirmative evidence of competency.

• Ohio Supreme Court

• Arson Suspect On Watch; Fowler's Mental Health in Question

SAN BERNARDINO - A lawyer for suspected Old Fire arsonist Rickie Lee Fowler has declared a doubt about his client's mental competence to stand trial or aid in his own defense. A Patton psychiatrist and a Riverside psychologist have been ordered to evaluate Fowler and present a report of their findings today to San Bernardino Superior Court, according to court records.

• Inland Valley Daily Bulletin
• May 23, 2010

• State v. Stahl, (Ohio 2005)

The trial court properly declined to suppress pretrial statements the appellant made to police. The record does not reflect a violation of the appellant’s constitutional right to a speedy trial. No prosecutorial vindictiveness warranted dismissal of the indictment against the appellant. The appellant was not entitled to a second evaluation to assess his competence to stand trial. Judgment affirmed.

• Ohio Supreme Court

• Godinez v. Moran, 509 U.S. 389 (1993)

... concluded that he was competent to stand trial, he informed the Nevada trial court that he ... to do so has no bearing upon his competence to choose self-representation, Faretta v. Californ...

• U.S. Supreme Court

• State v. Stanley, (Ohio 2004)

Speedy trial time tolled during time competence to stand trial is being determined; State is not responsible for appellant's time spent choosing an expert and undergoing specialized and complex neurologic psychiatric tests; Appellant had requested seven continuances; Appellant filed three written speedy trial time waivers; Motion to dismiss tolls time; Dismissal of defense counsel tolls time; Filing continuances for two years is not ineffective assistance of counsel; Trial strategy of delay may have been employed so witnesses' memories fade and tensions calm.

• Ohio Supreme Court

• Suspected Killer of Bus Driver Deemed Mentally Incompetent

A man accused of stabbing to death an Omnitrans bus driver while on his route in Rialto has been deemed mentally incompetent to stand trial. But prosecutors say mental health experts will work to restore competence to Robert Darrell Johnson so that he can be tried on murder charges in the death of 47-year-old Lawrence Kester.

• The Sun (San Bernardino, CA)
• September 09, 2010

• State v. Barker, (Ohio 2007)

The trial court did not err in overruling the appellant’s motion to dismiss the indictment against him. Under R.C. §2945.38(C), the trial court could not require the appellant to undergo treatment for more than one year to restore his competence to stand trial. Here, however, the appellant did not undergo treatment, within the meaning of the statute, for more than one year. Instead, he refused medication, which was a necessary component of his treatment, and his other actions, including an unsuccessful appeal of a forced-medication order, tolled the one-year period. Judgment affirmed.

• Ohio Supreme Court

• Old Fire Suspect On Watch; Mental Health Tests Ordered

SAN BERNARDINO - A lawyer for suspected Old Fire arsonist Rickie Lee Fowler has declared a doubt about his client's mental competence to stand trial or aid in his own defense. A Patton psychiatrist and a Riverside psychologist have been ordered to evaluate Fowler and present a report of their findings today to San Bernardino Superior Court, according to court records.

• The Sun (San Bernardino, CA)
• May 27, 2010