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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 His probation was revoked and Donald was ordered to serve his sentence in the Department of Correction.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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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