195 So. 3d 856
Miss. Ct. App.2016Background
- Brasso was indicted in 2009 for sexual battery of a minor; the plea occurred in 2011 with sentencing deferred for a pre-sentence investigation and mental evaluation.
- Brasso underwent a mental evaluation on May 9, 2011, which showed generally normal status but extensive history of mental health dysfunction.
- The circuit court accepted the guilty plea in 2011 before a mental examination and competency hearing were conducted.
- At sentencing in June 2011, additional information about Brasso’s cognitive issues and medical history was presented.
- In April 2014 Brasso filed a PCR motion, which the circuit court summarily dismissed in June 2014.
- The appellate court held the circuit court abused its discretion by not ordering a Rule 9.06 competency evaluation and hearing prior to the plea and reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brasso was competent to enter the guilty plea | Brasso lacked competency; a Rule 9.06 evaluation and competency hearing were required before the plea | The court had no duty to order a competency hearing; Brasso understood the proceedings | Yes; court abused discretion and vacated conviction, remanding for retrial or institutionalization after evaluation |
Key Cases Cited
- Smith v. State, 149 So.3d 1027 (Miss. 2014) (requires Rule 9.06 evaluation when reasonable grounds to doubt competency)
- Bradley v. State, 116 So.3d 1093 (Miss. Ct. App. 2013) (trial court must order competency evaluation if reasonable grounds exist)
- Harden v. State, 59 So.3d 594 (Miss. 2011) (abuse of discretion review; competency hearing may be required if doubts exist)
- Pate v. Robinson, 383 U.S. 375 (1966) (due process concerns when competency is doubtful)
- Atkins v. Virginia, 536 U.S. 304 (2002) (mentally retarded individuals can be competent to stand trial; not per se disqualifying)
- Magee v. State, 914 So.2d 729 (Miss. Ct. App. 2005) (trial judge must assess ability to assist counsel; demeanor and information relevant)
- Goff v. State, 14 So.3d 625 (Miss. 2009) (abuse of discretion standard for competency determinations when information exists)