404 S.W.3d 672
Tex. App.2013Background
- Ashley was convicted of possession of cocaine with intent to deliver; he received a 30-year sentence.
- Undercover officers arranged a drug purchase with Ashley as the driver of a vehicle; a second bag of cocaine was discarded during the arrest.
- Ashley faced two counts; the State waived the second paragraph of Count One and Count Two before trial.
- Ashley’s trial included a competency hearing in June 2011, where he was found competent to stand trial.
- Before and during trial, Ashley displayed bizarre, unstable, and disruptive behavior, leading to filings for further competency review and evidence from MHMR records; the court ultimately did not order a second competency hearing.
- During voir dire, Ashley was absent and resisted, leading the court to proceed with voir dire despite his absence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Informal competency inquiry required by 46B | State contends no second inquiry was necessary | Ashley argues failure to conduct second competency inquiry violated 46B and compromised trial | Issue overruled; no abuse of discretion in declining second inquiry |
| Absence during voir dire violated Article 33.03 | State argues absence was voluntary and not a denial of a fair jury | Ashley argues absence denied his presence and violated rights | Error was harmless; no substantial right affected; voir dire valid overall |
| Confrontation Clause claim | State concedes Sixth Amendment issues but argues forfeiture doctrine applies | Ashley argues Confrontation rights were violated | Error treated as statutory; harmless; no denial of a fair and impartial jury |
Key Cases Cited
- Montoya v. State, 291 S.W.3d 420 (Tex.Crim.App. 2009) (bona fide doubt standard for competency inquiry)
- Fuller v. State, 253 S.W.3d 220 (Tex.Crim.App. 2008) (bona-fide-doubt standard; deference to trial court)
- Clark v. State, 47 S.W.3d 211 (Tex.App.--Beaumont 2001) (no abuse where no new evidence of changed condition)
- Learning v. State, 227 S.W.3d 245 (Tex.App.--San Antonio 2007) (necessity of new evidence for second competency hearing)
- Tracy v. State, 14 S.W.3d 820 (Tex.App.--Dallas 2000) (forfeiture of right to presence; harmless error analysis)