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Defendants entitled to competency hearing in probation revocations

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Defendants are entitled to a competency hearing as part of their due process rights, the Indiana Court of Appeals concluded today, addressing the issue for the first time.

Daniel Donald argued the trial court shouldn’t have denied his request for a competency evaluation prior to his probation revocation hearing. Donald is a diabetic and had suffered a stroke, which left him with memory loss and speech, reading, and writing impairments. He was serving part of a home detention sentence following his guilty plea to dealing in methamphetamine.

A surveillance officer who came to his home for a urine sample saw Donald acting strangely in the yard, where he urinated in his underwear for the sample. The officer discovered Donald had a rubber glove in his underwear. When confronted about it, Donald took off, ran around the home, grabbed a shotgun, and ran into the woods by his home. When he was coaxed out of the woods, Donald admitted to taking methamphetamine.

Donald’s attorney requested a competency evaluation based on Indiana Code Section 35-36-3-1(a) because he didn’t think Donald could understand and help in the revocation proceedings.

The trial court ruled Donald did not have standing to ask for a competency evaluation under that statute because his request did not deal with competency to stand trial, and it also found that the request was untimely. His probation was revoked and Donald was ordered to serve his sentence in the Department of Correction.

In Daniel A. Donald v. State of Indiana, No. 23A04-0912-CR-685, the appellate court agreed Donald didn’t have a statutory right to a competency hearing because he wasn’t standing trial, but the Due Process Clause requires that a defendant be competent when participating in a probation-revocation hearing.

The judges looked to other jurisdictions, including appeals courts in Florida and Ohio, and adopted those cases’ reasoning on why defendants in Donald’s situation are entitled to a competency hearing. Probation revocation hearings are similar to criminal proceedings in that the defendant’s liberty is at stake and the defendant’s ability to help in the hearing may determine the outcome.

“Without competency, the minimal due process rights guaranteed to probationers at probation revocation hearings would be rendered useless,” wrote Judge Terry Crone.

Since the trial court denied Donald’s request based on its belief it didn’t have standing, the issue of whether or not reasonable grounds existed to order a competency evaluation wasn’t addressed. The issue was remanded for the trial court to address.  
 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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