Ohio Criminal Appeals Lawyer Blog

Section 2945.39 "along with its related statutes, authorizes a common pleas court to exercise continuing jurisdiction over a criminal defendant who has been charged with a violent first- or second-degree felony and who has been found incompetent to stand trial and remains so after the expiration of R.C. 2945.38's one-year time frame for restoring competency. R.C. 2945.39 authorizes the common pleas court to order the involuntary commitment of such a person in a mental-health facility when the statutory criteria are met." State v. Williams, 2010-Ohio-2453.

Today the Ohio Supreme Court held that R.C. 2945.39 is civil in nature, it is constitutional, and "a person committed under the statute need not be afforded the constitutional rights afforded to a defendant in a criminal prosecution."

Read the decision here, view the oral argument here or read the Second District Court of Appeals decision here.

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.