The Fourth District Court of Appeals just reversed convictions for "harassment by inmate" because the defendant's appointed counsel raised the issue of competency before trial commenced and the trial court failed to hold a hearing on the matter. Ohio Revised Code Section 2945.37(B) clearly states that a hearing must be held on the issue of the defendant's competence to stand trial if it is raised before the commencement of trial. The defendant raised the issue at the 11th hour since his trial was scheduled to start in just thirty minutes, and the trial court cited the fact that the "county is suffering an economic hardship at this time" in denying the defense motion for a continuance for a competency determination. But the Fourth District relied on the clear language of 2945.37(B) in reversing the convictions and remanding the case for a new trial after a competency hearing is held as you can read by clicking here.
If Competency is raised before trial, a hearing must be held.
June 8, 2009
