ILNews

Defendants entitled to competency hearing in probation revocations

Back to TopE-mailPrintBookmark and Share

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 His probation was revoked and Donald was ordered to serve his sentence in the Department of Correction.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.  
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

ADVERTISEMENT