State v. Hough, 207 N.E.3d 788

In August 2017 Richard Hough drove the wrong way on an exit ramp, causing a crash that killed one person and injured others; blood tests showed cocaine and marijuana metabolites. He was indicted on multiple counts, including aggravated vehicular homicide and OVI-related charges.
On April 12, 2019 Hough’s counsel filed a pretrial motion for a competency evaluation under R.C. 2945.37; a separate untimely motion for a psychiatric (insanity) evaluation was denied. The trial court did not hold a competency hearing.
Trial occurred August 26–29, 2019; Hough was convicted on Counts 1–9. After verdict counsel requested a psychiatric evaluation for sentencing; Dr. A. J. McConnell’s sealed report (filed Sept. 11, 2019) described severe mental illness, auditory hallucinations/delusions, and a full-scale IQ of 59.
The trial court sentenced Hough to an aggregate 15-year prison term on Sept. 12, 2019. The Tenth District affirmed, holding the trial court erred but that the error was harmless because the record lacked sufficient indicia of incompetency.
The Ohio Supreme Court held R.C. 2945.37(B) requires a pretrial competency hearing when the issue is raised, found the trial court’s failure was not harmless given Dr. McConnell’s findings and counsel’s statements, vacated the convictions, and remanded for further proceedings.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Hough)	Held
Whether R.C. 2945.37(B) required a hearing after defense raised competency pretrial	Statute mandates a hearing when issue is raised, but courts should guard against delay; harmless-error doctrine can cure omission	Motion raised the issue; a hearing was mandatory and should have been held	The court: statute requires a hearing when competency is raised before trial; the trial court erred by not holding one
Whether the trial court’s failure to hold a hearing was harmless error	The record lacks sufficient indicia of incompetency; Bock harmless-error standard applies, so error was harmless	Bock is insufficient to protect rights; the failure was not harmless because the psych report and counsel’s concerns showed indicia of incompetency	The court: Bock standard stands, but applying it here the error was not harmless given multiple indicia (diagnoses, hallucinations, severe cognitive deficits, counsel’s observations)
Proper remedy for the mandatory-hearing violation	Prefer limited remand to determine competency while convictions remain	Vacatur and remand for new trial so competency can be adjudicated contemporaneously with retrial	The court: vacate convictions and remand; retrospective inquiry is inadequate to replace the contemporaneous hearing required by R.C. 2945.37(B)

State v. Bock, 28 Ohio St.3d 108 (Ohio 1986) (failure to hold competency hearing is harmless only when record fails to reveal sufficient indicia of incompetency)
State v. Were, 94 Ohio St.3d 173 (Ohio 2002) (extensive, repeated counsel complaints and client behavior can show insufficiency of harmless-error claim)
Pate v. Robinson, 383 U.S. 375 (U.S. 1966) (trial court must hold competency hearing when facts raise a bona fide doubt about competency)
Drope v. Missouri, 420 U.S. 162 (U.S. 1975) (due process prohibits trial when competency is doubtful; retrospective inquiries are often inadequate)
Dusky v. United States, 362 U.S. 402 (U.S. 1960) (competency standard: sufficient present ability to consult with counsel and a rational and factual understanding of proceedings)
State v. Braden, 98 Ohio St.3d 354 (Ohio 2003) (diagnosis of mental illness alone does not establish incompetency; consider the record and repeated evaluations)
State v. Ahmed, 103 Ohio St.3d 27 (Ohio 2004) (R.C. 2945.37 requires a competency hearing if a request is made before trial)