 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Taylor v. State3/20/2001
he had refused it. The only remaining issue is whether there was a basis to question Taylor's competence to make this choice.
II. Competency hearing
. Taylor alleges that the trial judge should have on his own motion ordered a hearing to determine Taylor's competence to stand trial. He asserts that his "bizarre" behavior that included failing to cooperate with attorneys, admitting guilt to the jury, and calling a witness who incriminated him, revealed that his was mentally incompetent. One of his lawyers also had filed a motion alleging that Taylor was delusional.
. Since the defense never requested a competency hearing, we must examine the standards that establish when a trial court itself must order a hearing:
If before or during trial the court, of its own motion or upon motion of an attorney, hasreasonable ground to believe that the defendant is incompetent to stand trial, the court shallorder the defendant to submit to a mental examination by some competent psychiatristselected by the court . . . After the examination the court shall conduct a hearing to determineif the defendant is competent to stand trial . . . . URCCC 9.06.
If reasonable grounds exist for the trial judge to believe that the defendant is not competent, then a hearing into the issue is required. Howard v. State, 697 So.2d 415, 422 (Miss. 1997) (citing Conner v. State, 632 So.2d 1239, 1248 (Miss. 1993)(overruled on other grounds by Weatherspoon v. State, 732 So.2d 158 (Miss. 1999)). The decision on whether there exists reasonable grounds "rests largely within the discretion of the trial judge because the judge sees the evidence first hand and observes the demeanor and behavior of the defendant." Conner, 632 So.2d at 1248. "The standard for competence to stand trial is whether the defendant has 'sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding' and has a rational as well as factual understanding of the proceedings against him." Dunn v. State, 693 So.2d 1333, 1340 (Miss.1997) (quoting Godinez v. Moran, 509 U.S. 389, 396 (1993)).
. We note that the trial judge responded to the attorney's motion regarding Taylor's alleged delusional state by saying that "the court disagrees. Mr. Taylor appeared to be rational and testified logically from the witness stand and I do not find that he is delusional . . . ."
. There is evidence of a defendant who was obstinate, angry, capricious in his actions, and certainly not very wise in some of his decisions. He also at times was belligerent in court. Such individuals, unless more serious mental incapacities are shown, do not forfeit their right to decide whether to represent themselves. Further, it is for the trial judge in the first instance to determine whether such conduct justifies a competency hearing. The trial judge was in the best position to make a determination whether there existed a reasonable ground for the court to order a competency hearing on its own initiative. After observing Taylor's actions and demeanor both before and during the trial, the court did not find it necessary to order a competency hearing. Nothing in this record indicates that the decision was an abuse of the court's discretion.
. THE JUDGMENT OF THE CIRCUIT COURT OF OKTIBBEHA COUNTY OF CONVICTION ON COUNT I OF POSSESSION OF MORE THAN ONE OUNCE OF MARIJUANA WITH INTENT TO DISTRIBUTE AND SENTENCE OF FORTY YEARS AS A HABITUAL OFFENDER IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND FINE OF $40,000, AND COUNT II OF POSSESSION OF COCAINE WITH INTENT TO DISTRIBUTE AND SENTENCE OF SIXTY YEARS AS A HABITUAL OFFENDER IN THE CUSTODY OF THE MISSISSIPPI DEPARTMEN
Page 1 2 3 4 5 Mississippi DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|