State v. Were

Summary

The Ohio Supreme Court held that the trial court violated James Were’s statutory and constitutional rights by failing to conduct a competency hearing after defense counsel repeatedly raised the issue before and during trial. The court vacated the convictions and death sentence, reversed the judgment, and remanded the case for a new trial.

Holdings

1. When the issue of a defendant's competence to stand trial is raised before trial, former R.C. 2945.37(A) requires the trial court to hold a competency hearing; a competency determination based solely on an examiners' report does not satisfy that requirement.
2. An evidentiary competency hearing is constitutionally required whenever the record contains sufficient indicia of incompetency to call the defendant's competency to stand trial into doubt.
3. The failure to conduct the competency hearing was not harmless on this record because the repeated competency concerns and other evidence supplied sufficient indicia of incompetency.

Questions Presented

1. Whether the trial court was required under former R.C. 2945.37(A) to conduct a competency hearing after the issue was raised before trial.
2. Whether the failure to conduct an evidentiary competency hearing violated Were's constitutional right to due process when the record contained sufficient indicia of incompetency.
3. Whether the failure to conduct the competency hearing was harmless error.

Disposition

reversed_and_remanded