State v. Biebinger, 428 P.3d 36

In March 2014 a traffic stop escalated when Biebinger fled, led police on a high‑speed chase, and later was arrested; two handguns (one stolen) were recovered from the vehicle/area.
Biebinger was charged with obstructing justice, failure to stop, receiving stolen property, reckless endangerment, and possession of a firearm by a restricted person.
Before trial a competency petition was filed by Biebinger’s first attorney; two experts were appointed but could not complete evaluations. A second attorney represented at the competency hearing and withdrew the petition after representing Biebinger had been on medication and was competent.
A third (trial) attorney represented Biebinger at trial. Biebinger testified and gave inconsistent, sometimes rambling testimony; he appeared nervous and agitated but presented a coherent alternate account for fleeing.
Trial counsel did not refile or renew a competency petition during trial; Biebinger was convicted on all counts and appealed, arguing ineffective assistance for failure to file a competency petition.

Issue	Biebinger's Argument	State's Argument	Held
Whether trial counsel was constitutionally ineffective for failing to file a competency petition during trial	Trial counsel should have filed a competency petition based on Biebinger’s behavior and mental‑health history, and new facts in a rule 23B motion show counsel was deficient and prejudice resulted	Counsel reasonably concluded Biebinger was competent; behavior on the stand did not establish incompetence and there is no showing a competency evaluation would have changed the outcome	Counsel was not ineffective; failure to file was not objectively deficient and defendant did not show likely prejudice

State v. Clark, 89 P.3d 162 (Utah 2004) (standard for ineffective assistance of counsel)
State v. Curtis, 317 P.3d 968 (Utah Ct. App. 2013) (rule 23B remand requirements for adding facts on appeal)
State v. Lee, 264 P.3d 239 (Utah Ct. App. 2011) (counsel not deficient when no basis to suspect incompetence)
State v. Young, 780 P.2d 1233 (Utah 1989) (nervousness/emotional upset on the stand do not alone establish incompetence)
Jacobs v. State, 20 P.3d 382 (Utah 2001) (history of mental illness does not automatically establish incompetence)
Drope v. Missouri, 420 U.S. 162 (U.S. 1975) (examples of extreme in‑trial events warranting competency concerns)
State v. Wolf, 319 P.3d 757 (Utah Ct. App. 2014) (similar observation that severe in‑trial events may raise competency issues)