266 So. 3d 1187
Fla. Dist. Ct. App.2019Background
- Defense counsel moved pretrial for a psychological examination, asserting reasonable grounds to believe defendant was incompetent.
- The trial court granted the motion and scheduled a competency hearing within 20 days under Fla. R. Crim. P. 3.210(b).
- On the scheduled hearing date the defendant remained in jail and was not transported; neither he nor his new counsel appeared.
- The prosecutor told the court defense counsel thought the hearing was set in error; the judge nevertheless did not hold the competency hearing or make any independent competency finding.
- The defendant was tried and convicted; on direct appeal appellate counsel raised conflict-of-interest issues but did not raise the missed competency hearing.
- The defendant petitioned for habeas corpus claiming appellate counsel was ineffective for failing to raise the trial court’s failure to conduct the competency hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court’s failure to conduct an ordered competency hearing was error | Court must conduct a competency hearing once it orders an evaluation; setting a hearing alone is insufficient | No hearing was held and no competency determination was made, so error occurred | Trial court’s failure to hold the competency hearing was fundamental error requiring reversal |
| Whether appellate counsel was ineffective for not raising the missed competency hearing on direct appeal | Appellate counsel should have raised the competency-hearing omission as an issue on direct appeal | Appellate counsel raised other issues but omission of this clear, fundamental error rendered representation ineffective | Appellate counsel was ineffective; habeas petition granted and case remanded for retroactive competency determination or new trial |
Key Cases Cited
- Silver v. State, 193 So.3d 991 (Fla. 4th DCA 2016) (ordering evaluation indicates reasonable grounds; appellate counsel ineffective for not raising competency issue)
- Monte v. State, 51 So.3d 1196 (Fla. 4th DCA 2011) (once reasonable grounds found, court must conduct competency hearing)
- Deferrell v. State, 199 So.3d 1056 (Fla. 4th DCA 2016) (rule requires the court actually conduct the competency hearing; setting is insufficient)
- Raithel v. State, 226 So.3d 1028 (Fla. 4th DCA 2017) (trial counsel cannot waive the court’s duty to hold a competency hearing)
- Sheheane v. State, 228 So.3d 1178 (Fla. 1st DCA 2017) (right to independent court competency determination is not waivable)
- Dortch v. State, 242 So.3d 431 (Fla. 4th DCA 2018) (failure to determine competency is fundamental error requiring reversal)
- Baker v. State, 221 So.3d 637 (Fla. 4th DCA 2017) (competency issues on appeal)
- Flaherty v. State, 221 So.3d 633 (Fla. 4th DCA 2017) (prior appeal where competency issue was not raised)