2015 Ohio 5409
Ohio Ct. App.2015Background
- Police conducted two controlled buys from Ernest Harris’s residence; informant purchased cocaine both times after Harris answered the door.
- A search of the home yielded buy money, crack pipes, cocaine, marijuana, and a scale with cocaine residue; scale and cocaine were found in the bedroom Harris identified as his own.
- Harris was indicted on five fifth-degree felony drug-related counts and related forfeiture specifications; counts 3 and 4 merged for sentencing.
- Trial was continued and the court ordered a psychiatric competency/sanity evaluation before trial, but no post-evaluation competency hearing was held.
- At trial a witness (not originally subpoenaed) testified that the drugs were hers; Harris did not testify. The jury convicted on all counts. Harris appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not holding a competency hearing after ordering a pretrial evaluation | State: Any error was harmless because the record contained no indicia of incompetence | Harris: R.C. 2945.37(B) requires a hearing when competence is raised pretrial; failure to hold one was reversible error | Reversed — court found the trial court abused its discretion by not holding the mandatory pretrial competency hearing and remanded for hearing and new trial |
Key Cases Cited
- State v. Johnson, 112 Ohio St.3d 210 (2006) (presumption of competency remains unless defendant proves inability to understand proceedings or assist in defense)
- State v. Bock, 28 Ohio St.3d 108 (1986) (competency hearing is mandatory if raised pretrial; failure may be harmless if record shows no indicia of incompetence)
- State v. Were, 94 Ohio St.3d 173 (2002) (distinguishing Bock where defendant testified; records without defendant’s testimony may differ)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (standard for abuse of discretion review)