Willie Reynolds v. Larry Norris, Arkansas Dep't of Corr., 86 F.3d 796 (8th Cir. 1996). · Go Syfert
Willie Reynolds v. Larry Norris, Arkansas Dep't of Corr., 86 F.3d 796 (8th Cir. 1996). Cases Citing This Book View Copy Cite
113 citation events (83 in the last 25 years) across 26 distinct courts.
Strongest positive: Karl Roberts v. Dexter Payne (ca8, 2024-08-19)
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discussed Cited as authority (verbatim quote) Karl Roberts v. Dexter Payne
8th Cir. · 2024 · quote attribution · 1 verbatim quote · confidence high
on habeas review of a substantive competency claim, this court generally presumes that a state court's factual finding of competency is correct.
discussed Cited as authority (verbatim quote) Andrew Lyons v. Al Luebbers (2×) also: Cited as authority (rule)
8th Cir. · 2005 · quote attribution · 1 verbatim quote · confidence high
on habeas review of a substantive competency claim, this court generally presumes that a state court's factual finding of competency is correct.
discussed Cited as authority (verbatim quote) Andrew Lyons v. Al Luebbers (2×) also: Cited as authority (rule)
8th Cir. · 2005 · quote attribution · 1 verbatim quote · confidence high
on habeas review of a substantive competency claim, this court generally presumes that a state court's factual finding of competency is correct.
discussed Cited as authority (verbatim quote) Patterson v. Cockrell
5th Cir. · 2003 · quote attribution · 1 verbatim quote · confidence high
habeas petitioner has the burden to prove that objective facts known to the trial court raised a sufficient doubt to require a mid-trial competency hearing
discussed Cited as authority (rule) In Re Child of Mindy P.
Me. · 2026 · confidence medium
The test used in other jurisdictions, which we find useful, is whether a hearing to determine 32 competency retrospectively would be “meaningful.” Clayton, 199 F.3d at 1169 ; see McGregor v. Gibson, 248 F.3d 946, 962-63 (10th Cir. 2001); Reynolds v. Norris, 86 F.3d 796, 802-03 (8th Cir. 1996).
discussed Cited as authority (rule) State of Louisiana v. Kenneth Augustine
La. Ct. App. · 2025 · confidence medium
The meaningfulness of the nunc pro tunc hearing is important for ensuring “the defendant’s due process rights are adequately protected.” Pullen, 2019-4, pp. 7-8, 279 So.3d at 450 (citing Reynolds v. Norris, 86 F.3d 796, 802 (8th Cir. 1996)).
cited Cited as authority (rule) Zackaria Mohamed v. Pamela Bondi
8th Cir. · 2025 · confidence medium
Reynolds v. Norris, 86 F.3d 796, 803 (8th Cir. 1996).
discussed Cited as authority (rule) Musaid v. Kirkpatrick
2d Cir. · 2024 · confidence medium
See, e.g., Johnson v. Norton, 249 F.3d 20 , 26–27 (1st Cir. 2001); Harris v. Kuhlmann, 346 F.3d 330, 350 (2d Cir. 2003); Taylor v. Horn, 504 F.3d 416, 433 (3d Cir. 2007); Burket v. Angelone, 208 F.3d 172, 192 (4th Cir. 2000); Flugence v. Butler, 848 F.2d 77, 79 (5th Cir. 1988); Mackey v. Dutton, 217 F.3d 399, 411 (6th Cir. 2000); McManus v. Neal, 779 F.3d 634, 656 (7th Cir. 2015); Reynolds v. Norris, 86 F.3d 796, 800 (8th Cir. 1996); Marks v. Davis, 106 F.4th 941, 968 (9th Cir. 2024); Walker v. Att’y Gen., 167 F.3d 1339, 1345 (10th Cir. 1999); Wright v. Sec’y for Dep’t of Corr., 278 F.…
discussed Cited as authority (rule) United States v. Alonzo Beard
8th Cir. · 2023 · confidence medium
This was not enough to give the district court sufficient doubt about Beard’s competency.2 See Reynolds v. Norris, 86 F.3d 796, 800 (8th Cir. 1996) (“[T]he trial court may consider an express doubt by the accused’s 1 The Honorable Brian S. Miller, United States District Judge for the Eastern District of Arkansas. 2 Beard has not demonstrated that the district court was aware of any of his mental health issues when it was considering the motion.
discussed Cited as authority (rule) Harris v. Lewis (2×) also: Cited "see"
E.D. Mo. · 2023 · signal: cf. · confidence medium
Cf. Reynolds, 86 F.3d at 798-99, 801-02 (petitioner gave meandering and irrational testimony stating that the Defense Department was involved in his case and citing the Gulf War, among other things, as a reason for his being on trial, and the defense’s psychologist testified that petitioner’s testimony showed “significant delusion” and he was not competent to stand trial).
discussed Cited as authority (rule) State of Florida v. Vernson Edward Dortch
Fla. · 2021 · confidence medium
See, e.g., United States v. Abdulmutallab, 739 F.3d 891, 901 (6th Cir. 2014) (competency hearing not constitutionally required where defense counsel’s motion “did not provide sufficient factual details that would cause the court to question Abdulmutallab’s competency”); Bryson v. Ward, 187 F.3d 1193, 1202 (10th Cir. 1999) (“[T]he concerns of counsel alone are insufficient to establish doubt of a defendant’s competency.”); Reynolds v. Norris, 86 F.3d 796, 800 (8th Cir. 1996) (same).
discussed Cited as authority (rule) Drisdel v. Lewis
E.D. Mo. · 2021 · confidence medium
The record outlined above makes it abundantly clear that Petitioner’s assertion of a mental disease or defect claim, and his refusal to cooperate in the process to explore it was the predominant cause of trial delay. “‘It is well established that the Due Process Clause of the Fourteenth Amendment prohibits the criminal prosecution of a defendant who is not competent to stand trial.’” Reynolds v. Norris, 86 F.3d 796, 799-800 (8th Cir. 1996).
discussed Cited as authority (rule) State of Louisiana Versus Nicholas Pullen
La. Ct. App. · 2019 · confidence medium
While there is no list of determinative factors, the passage of time will not be decisive if there is available “contemporaneous medical evidence, the recollections of non-experts who had the opportunity to interact with the defendant during the relevant period, statements by the defendant in the trial transcript, and the existence of medical records.” Snyder, 750 So.2d at 855 , citing Reynolds v. Norris, 86 F.3d 796, 803 (8th Cir. 1996).
discussed Cited as authority (rule) State v. O'Brien
La. Ct. App. · 2014 · confidence medium
The passage of time is not an insurmountable obstacle if sufficient contemporaneous information is available.” Snyder, 750 So.2d at 855 (quoting Reynolds v. Norris, 86 F.3d 796, 802-03 (8th Cir.1996)).
discussed Cited as authority (rule) State v. Connor
Conn. App. Ct. · 2014 · confidence medium
As a general matter, nunc pro tunc competency hear- ings are meaningful ‘‘where the state of the record, together with such additional evidence as may be rele- vant and available, permits an accurate assessment of the defendant’s condition at the time of the original . . . proceedings.’’ Reynolds v. Norris, 86 F.3d 796, 802 (8th Cir. 1996).
discussed Cited as authority (rule) United States v. Javier Villareal (2×) also: Cited "see"
8th Cir. · 2014 · confidence medium
A trial court has a due process obligation to hold a competency hearing, either on motion or sua sponte, “whenever evidence raises a sufficient doubt about the accused’s mental competency to stand trial.” Reynolds, 86 F.3d at 800 (quotation marks and citations omitted).
discussed Cited as authority (rule) United States ex rel. Newman v. Rednour
N.D. Ill. · 2012 · confidence medium
The passage of even a considerable amount of time may not be an insurmountable obstacle if there is sufficient evidence in the record derived from knowledge contemporaneous to trial.”); Reynolds v. Norris, 86 F.3d 796, 803 (8th Cir.1996) (“When determining whether a meaningful [retrospective fitness] hearing may be held, we look to the existence of contemporaneous medical evidence, the recollections of non-experts who had the opportunity to interact with the defendant during the relevant period, statements by the defendant in the trial transcript, and the existence of medical records.”).
cited Cited as authority (rule) Kimber Edwards v. Donald Roper
8th Cir. · 2012 · confidence medium
Reynolds v. Norris, 86 F.3d 796, 800 (8th Cir.1996).
discussed Cited as authority (rule) State v. Williams
La. Ct. App. · 2012 · confidence medium
“The passage of time is not an insurmountable obstacle if sufficient contemporaneous information is available.” Reynolds v. Norris, 86 F.3d 796, 802-08 (8th Cir.1996). [[Image here]] If the trial court concludes defendant was competent, no new trial is required to be conducted.
discussed Cited as authority (rule) State v. Tyler (2×) also: Cited "see, e.g."
La. Ct. App. · 2012 · confidence medium
The passage of time is not an insurmountable obstacle if sufficient contemporaneous information is available.” Reynolds, 86 F.3d at 803 (citations omitted).
discussed Cited as authority (rule) People v. Ary
Cal. Ct. App. · 2009 · confidence medium
(See U.S. v. Hogan (11th Cir. 1993) 986 F.2d 1364, 1371-1372 ; Wright v. Secretary for Dept. of Corrections (11th Cir. 2002) 278 F.3d 1245, 1259 ; Card v. Singletary (11th Cir. 1992) 963 F.2d 1440, 1448, fn. 9 .) And three Georgia Supreme Court justices, in a dissent discussing both Medina and Moran, suggested that the James court's "glaring mistake" has been "implicitly noted" by other courts. ( Traylor v. State (2006) 280 Ga. 400 [ 627 S.E.2d 594, 602 ].) [9] See, e.g., Littlejohn v. State (1998) 1998 OKCR 75 [ 989 P.2d 901, 908 ] (following Tate ); Doughty v. Grayson (E.D.Mich. 2005) 397 F.…
discussed Cited as authority (rule) Edwards v. State
Ind. · 2009 · confidence medium
Nevertheless, depending upon the data that is available, trustworthy determinations can be made retrospectively."); Schuman v. State, 265 Ind. 586, 590-93 , 357 N.E.2d 895, 898-99 (1976) (affirming a "retroactive determination of competency"'); Evans v. State, 261 Ind. 148, 161 , 300 N.E.2d 882, 889 (1973) (remanding case "for a hearing to determine whether appellant was competent to stand trial at the time of his trial" and instructing trial court "to certify its determination following the hearing to this Court for final disposition" of the appeal); Tinsley v. State, 260 Ind. 577, 584-85 , 2…
discussed Cited as authority (rule) State v. C.C. (2×) also: Cited "see, e.g."
La. Ct. App. · 2009 · confidence medium
The passage of time is not an insurmountable obstacle if sufficient contemporaneous information is available.” Reynolds, 86 F.3d at 803 (citations omitted).
discussed Cited as authority (rule) Johnson v. Commonwealth (2×)
Va. Ct. App. · 2008 · confidence medium
While the court should strongly consider representations by defense counsel, such statements, standing alone, do not typically provide probable cause for an evaluation. “[T]he trial court may consider an express doubt by the accused’s attorney, although such doubt alone is not enough to establish sufficient doubt.” Reynolds v. Norris, 86 F.3d 796, 800 (8th Cir.1996); see also Bryson v. Ward, 187 F.3d 1193,1202 (10th Cir.1999).
discussed Cited as authority (rule) Mohamed v. TeBrake
D. Minnesota · 2005 · confidence medium
Remedy Because nunc pro tunc competency hearings are “hampered by inherent difficulties,” Reynolds v. Norris, 86 F.3d 796, 802 (8th Cir.1996), retrospective determinations regarding competency are strongly disfavored.
discussed Cited as authority (rule) United States v. Phillip L. Johnson
8th Cir. · 2004 · confidence medium
Absent some indication to the contrary, the district court was permitted to presume Mr. Johnson was competent, see Branscomb v. Norris, 47 F.3d 258, 261 (8th Cir.), cert. denied, 515 U.S. 1109 , 115 S.Ct. 2260 , 132 L.Ed.2d 266 (1995), and the doubts about Mr. Johnson’s competence expressed by defense counsel at one point prior to sentencing were alone insufficient to require a competency hearing, see Reynolds v. Norris, 86 F.3d 796, 800 (8th Cir.1996).
discussed Cited as authority (rule) Thomas Holt v. Michael Bowersox
8th Cir. · 2003 · confidence medium
See Drope v. Missouri, 420 U.S. 162, 172 , 95 S.Ct. 896 , 43 L.Ed.2d 103 (1975) (test for mental competency to stand trial); Shafer v. Bowersox, Nos. 329 F.3d 637 (8th Cir.2003) (habeas standard of review; analysis for determining guilty plea’s validity); Reynolds v. Norris, 86 F.3d 796, 800-01 (8th Cir.1996) (due process requirements; burden on petitioner).
discussed Cited as authority (rule) United States v. West-Bey
D. Maryland · 2002 · confidence medium
"A ‘meaningful’ determination is possible where the state of the record, together with such additional evidence as may be relevant and available, permits an accurate assessment of the defendant's condition at the time of the original state proceedings.” Reynolds v. Norris, 86 F.3d 796, 802 (8th Cir.1996).
examined Cited as authority (rule) State v. Sanders (4×) also: Cited "see, e.g."
W. Va. · 2001 · confidence medium
In order to demonstrate that the lower court abused its discretion in refusing to afford him an additional competency proceedings, Sanders “must show facts such that a reasonable trial judge should have experienced doubt about the accused’s continued competency to stand trial.” Reynolds v. Norris, 86 F.3d 796, 801 (8th Cir.1996); see also United States v. Crews, 781 F.2d 826, 833 (10th Cir.1986) (appellate court “must determine whether a reasonable judge, situated as was the trial court judge whose failure to conduct an evidentiary hearing is being reviewed, should have experienced dou…
examined Cited as authority (rule) Billy Keith McGregor v. Gary Gibson, Warden, Oklahoma State Penitentiary (4×)
10th Cir. · 2001 · confidence medium
See, e.g., Drope, 420 U.S. at 183 , 95 S.Ct. 896 ; Pate, 383 U.S. at 386-87 , 86 S.Ct. 836 ; Dusky, 362 U.S. at 403 , 80 S.Ct. 788 ; Clayton, 199 F.3d at 1168-70 ; Reynolds v. Norris, 86 F.3d 796, 802-03 (8th Cir.1996).
discussed Cited as authority (rule) Hubbard v. State (2×)
Mo. Ct. App. · 2000 · confidence medium
State v. Wise, 879 S.W.2d 494, 507 (Mo. banc 1994); Wise v. State, 785 S.W.2d 325, 326 (Mo.App.1990); Reynolds v. Norris, 86 F.3d 796, 800 (8th Cir.1996).
discussed Cited as authority (rule) Clayton v. Gibson (2×) also: Cited "see"
10th Cir. · 1999 · confidence medium
“A ‘meaningful’ determination is possible where the state of the record, together with such additional evidence as may be relevant and available, permits an accurate assessment of the defendant’s condition at the time of the original state proceedings.” Reynolds v. Norris, 86 F.3d 796, 802 (8th Cir.1996).
cited Cited as authority (rule) Woods v. State
Mo. Ct. App. · 1999 · confidence medium
Reynolds v. Norris, 86 F.3d 796, 801 (8 th Cir.1996).
discussed Cited as authority (rule) State v. Snyder (2×) also: Cited "see, e.g."
La. · 1999 · confidence medium
The passage of time is not an insurmountable obstacle if sufficient contemporaneous information is available." Reynolds, 86 F.3d at 803 (citations omitted).
discussed Cited as authority (rule) State v. Tilden (2×)
Mo. Ct. App. · 1999 · confidence medium
“Thus the issue is not whether [the defendant] was competent to stand trial ...,” but whether the failure to order a mental exam of the defendant under §552.020.2, “... constituted a denial of due process.” Reynolds v. Norris, 86 F.3d 796, 801 (8 th Cir.1996)(issue concerned failure to hold a competency hearing).
cited Cited as authority (rule) Gerald Rice v. Keith Cooper
7th Cir. · 1998 · signal: cf. · confidence medium
Lewis v. Lane, 822 F.2d 703, 706-07 (7th Cir.1987); Cremeans v. Chaplean, 62 F.3d 167 (6th Cir.1995); cf. Reynolds v. Norris, 86 F.3d 796, 800-02 (8th Cir.1996).
discussed Cited as authority (rule) Jessie Lee Wise v. Michael Bowersox, Supt., Pcc
8th Cir. · 1998 · confidence medium
A trial court must hold a competency hearing, on motion or sua sponte, “whenever evidence raises a sufficient doubt about the accused’s mental competency to stand trial.” Reynolds v. Norris, 86 F.3d 796, 800 (8th Cir.1996) (internal quotation marks omitted).
discussed Cited as authority (rule) Jessie Lee Wise v. Paul Delo
8th Cir. · 1998 · confidence medium
A trial court must hold a competency hearing, on motion or sua sponte, "whenever evidence raises a sufficient doubt about the accused's mental competency to stand trial." Reynolds v. Norris, 86 F.3d 796, 800 (8th Cir. 1996) (internal quotation marks omitted).
discussed Cited as authority (rule) Reed v. Champion
10th Cir. · 1998 · confidence medium
The question as to whether a meaningful retrospective hearing is possible necessarily involves a case by case determination, and depends on whether “the state of the record, together with such additional evidence as may be relevant and available, permits an accurate assessment of the defendant’s condition at the time of the original state proceedings.” Reynolds v. Norris, 86 F.3d 796, 802 (8th Cir. 1996); see also Wheat v. Thigpen, 793 F.2d 621, 630 (5th Cir. 1986) (meaningful hearing is possible “where there is sufficient data available to guarantee reliability”; the question is “…
discussed Cited as authority (rule) Charles C. Reed v. Ron Champion Attorney General
10th Cir. · 1998 · confidence medium
In addition, by our remand of the case to the district court for further consideration, we implicitly declined to hold that the unavailability of the examining psychiatrist and/or trial counsel rendered the retrospective competency hearing per se inadequate. 11 The question as to whether a meaningful retrospective hearing is possible necessarily involves a case by case determination, and depends on whether "the state of the record, together with such additional evidence as may be relevant and available, permits an accurate assessment of the defendant's condition at the time of the original sta…
examined Cited "see" Britton v. State (3×)
Ark. · 2014 · signal: see · confidence high
See id.
discussed Cited "see" Elam v. Denney
8th Cir. · 2011 · signal: see · confidence high
Moreover, the court knew it would have a continuing opportunity — indeed, a duty — to suspend the trial and conduct further competency proceedings, either at counsel’s request or sua sponte, if Elam’s behavior or demeanor combined with the prior medical evidence suggested “a change that would render the accused unable to meet the standards of competence to stand trial.” Drope v. Missouri, 420 U.S. 162, 181 , 95 S.Ct. 896 , 43 L.Ed.2d 103 (1975); see Reynolds v. Norris, 86 F.3d 796, 800-01 (8th Cir.1996).
examined Cited "see" Lewis v. Zon (4×) also: Cited "see, e.g."
S.D.N.Y. · 2008 · signal: accord · confidence high
Nevertheless, retrospective determinations “are permissible whenever a court can conduct a meaningful hearing to evaluate retrospectively the competency of the defendant.” Maynard v. Boone, 468 F.3d 665, 675 (10th Cir.2006) (internal quotations omitted); accord Reynolds v. Norris, 86 F.3d 796, 802 (8th Cir.1996); Moran v. Godinez, 57 F.3d 690, 696 (9th Cir.1994); cf. James v. Singletary, 957 F.2d 1562, 1571 (11th Cir.1992) (opining in dicta that if a petitioner demonstrates a deprivation of his procedural right to adequate competency procedures, the state should bear the burden in a hearin…
discussed Cited "see" Thompson v. Commonwealth
Ky. · 2004 · signal: see · confidence high
See Reynolds v. Norris, 86 F.3d 796, 803 (8th Cir.1996) (holding that a meaningful hearing could be held based on similar evidence in the record and other evidence available to be heard at the hearing). 10 .
discussed Cited "see" Commonwealth v. Santiago (2×)
Pa. · 2004 · signal: see · confidence high
See Reynolds, 86 F.3d at 802 ; Bostwick, 988 P.2d at 772 .
discussed Cited "see" Bryson v. Ward (2×)
10th Cir. · 1999 · signal: see · confidence high
See Reynolds v. Norris, 86 F.3d 796, 800 (8th Cir. 1996); see also Drope, 420 U.S. at 177 n.13 (although trial court need not accept counsel's representations regarding defendant's competency without question, court should consider such representations as a factor).
discussed Cited "see" Gary Alan Walker v. Attorney General for the State of Oklahoma Ron Ward
10th Cir. · 1999 · signal: see · confidence high
See Reynolds v. Norris, 86 F.3d 796, 802 (8th Cir.1996) (holding that "a post-conviction competency hearing is proper so long as a meaningful hearing remains possible”); Galowski v. Berge, 78 F.3d 1176, 1181 (7th Cir.1996) (noting that the Seventh Circuit allows retrospec-five competency hearings); Cremeans v. Chapleau, 62 F.3d 167, 170 (6th Cir.1995) (finding adequate a retrospective competency hearing where the evidence presented included "contemporaneous medical reports; the testimony of the presiding trial judge and the defendant’s attorney; and the transcript of the penalty hearing he…
discussed Cited "see" Walker v. Ward, et.al.
10th Cir. · 1999 · signal: see · confidence high
See Reynolds v. Norris, 86 F.3d 796, 802 (8th Cir. 1996) (holding that “a post- conviction competency hearing is proper so long as a meaningful hearing remains possible”); Galowski v. Berge, 78 F.3d 1176, 1181 (7th Cir. 1996) (noting that the Seventh Circuit allows retrospective competency hearings); Cremeans v. Chapleau, 62 F.3d 167, 170 (6th Cir. 1995) (finding adequate a retrospective competency hearing where the evidence presented included “contemporaneous medical reports; the testimony of the presiding trial judge and the defendant’s attorney; and the transcript of the penalty hea…
discussed Cited "see" Michael Robert O'ROuRke Jeff Rosenzweig, as Next Friend of Michael Robert O'ROuRke v. Roger Endell, Director, Arkansas Department of Correction
8th Cir. · 1998 · signal: see · confidence high
See Reynolds v. Norris, 86 F.3d 796, 802 (8th Cir.1996) (“A 'meaningful' determination [of competence retrospectively] is possible where the state of the record, together with such additional evidence as may be relevant and available, permits an accurate assessment of the defendant's condition at the time of the original state proceedings.”); cf. Weisberg v. Minnesota, 29 F.3d 1271, 1278 (8th Cir.1994) ("Retrospective determinations of whether a defendant is competent to stand trial or to plead guilty are strongly disfavored.”), cert. denied, 513 U.S. 1126 , 115 S.Ct. 935 , 130 L.Ed.2d 8…
discussed Cited "see" Michael R. O'Rourke v. Roger Endell
8th Cir. · 1998 · signal: see · confidence high
See Reynolds v. Norris, 86 F.3d 796, 802 (8th Cir. 1996) ("A 'meaningful' determination [of competence retrospectively] is possible where the state of the record, together with such additional evidence as may be relevant and available, permits an accurate assessment of the defendant's condition at the time of the original state proceedings."); cf. Weisberg v. Minnesota, 29 F.3d 1271, 1278 (8th Cir. 1994) ("Retrospective determinations of whether a defendant is competent to stand trial or to plead guilty are strongly disfavored."), cert. denied, 513 U.S. 1126 (1995).
Retrieving the full opinion text from the archive…
Willie REYNOLDS, Appellee,
v.
Larry NORRIS, Arkansas Department of Correction, Appellant
95-3154.
Court of Appeals for the Eighth Circuit.
Jun 13, 1996.
86 F.3d 796
1996 U.S. App. LEXIS 14257
1996 WL 316539
Olan W. Reeves, Little Rock, AR, argued (Todd L. Newton, on the brief), for appellant., David O. Bowden, Little Rock, AR, argued for appellee.
Wollman, Heaney, Bright.
Cited by 63 opinions  |  Published
Reporter's Syllabus editorial summary, not part of the Court's opinion

Olan W. Reeves, Little Rock, AR, argued (Todd L. Newton, on the brief), for appellant.

David O. Bowden, Little Rock, AR, argued for appellee.

Before WOLLMAN, HEANEY and BRIGHT, Circuit Judges.

BRIGHT, Circuit Judge.

Lead Opinion

BRIGHT, Circuit Judge.

Larry Norris, the Director of the Arkansas Department of Correction, appeals the order of the district court granting Willie Reynolds his petition for a writ of habeas corpus.[1] The district court determined that sufficient doubt existed concerning Reynolds’ competency at the time of trial to require a further competency hearing and ordered that the writ of habeas corpus be issued and Reynolds be discharged, unless the State of Arkansas elected to retry him within 120 days. Norris appeals, asserting that there exists insufficient evidence of a change in circumstances between the pre-trial competency hearing and the trial itself to warrant a further hearing. Although we agree with the determination of the district court that the state trial court should have granted a competency hearing during the trial, this conclusion does not require the issuance of the writ at this time. Accordingly, we vacate the order granting the writ and remand the case to the district court to conduct a hearing on Reynolds’ competency at the time of trial.

I. BACKGROUND

A jury convicted Reynolds of the murder of Lewis McElyea. Prior to the murder, Reynolds’ girlfriend, Mae Paul, had been living with McElyea and his wife. Paul, who has an obvious mental disability, was approximately seventy-five years old at the time. On the night of the murder, Paul met Reynolds and allegedly told him that McElyea had stolen her blouse, taken money from her, and molested her. Reynolds was drinking heavily that night. Reynolds went to McElyea’s house where, after confronting McElyea about the accusations, he repeatedly struck McElyea in the head with a claw hammer. Reynolds then removed some money from the house and left with Paul. After his arrest, Reynolds admitted that he had killed McElyea but claimed that he acted in self-defense because McElyea had brandished a firearm during the confrontation.

Reynolds was approximately fifty years old at the time of his arrest. He has an I.Q. in the 76-80 range and has a long history of mental illness and alcohol abuse. He has had numerous problems with the law, including an acquittal by mental disease or defect in 1982, and has been treated at the Arkansas State Hospital on several occasions.[2] Reynolds has been diagnosed as either paranoid schizophrenic or schizoid affective.

In November of 1989, Reynolds entered a plea of not guilty by reason of mental defect. On January 26, 1990, he was admitted to the Arkansas State Hospital for evaluation. Following a month of observation, Drs. Wendell[*799] Hall and Michael Simon of the state hospital submitted a report to the court stating that Reynolds was unfit to proceed to trial because he was unable to cooperate effectively with an attorney in the preparation of his defense. Reynolds was then committed to the state hospital for treatment. As part of his treatment, Reynolds was placed on medication and enrolled in a “competency class.”[3] After Reynolds completed about nine months of treatment, Dr. Hall submitted a letter indicating that Reynolds had improved and was fit to proceed. Reynolds was subsequently discharged from the hospital and placed in the county jail.

The trial court held its first competency hearing on November 9, 1990. Dr. Hall was the sole witness at the hearing. Dr. Hall testified that although Reynolds had a serious mental illness, he possessed the ability to assist his attorney and to understand the nature and purpose of the proceedings against him. Dr. Hall indicated that Reynolds was being treated with medication, and that his condition could deteriorate if he failed to continue on the medication. At the close of the hearing, the trial court found Reynolds competent to stand trial, and scheduled a trial date.

On April 25,1991, the court granted Reynolds’ motion for a re-examination at the state hospital. Reynolds entered the hospital on July 15th for a thirty-day period of observation. Reynolds was last interviewed at the hospital on August 13th. A second competency hearing was held on October 4, 1991. Drs. Hall and Simon and petitioner Reynolds testified at the hearing. Dr. Simon testified that he was concerned with Reynolds’ ability to cooperate with his attorney. He concluded that although he considered Reynolds to be competent, it was “not a clear cut case.” Dr. Hall testified that Reynolds was “fit to proceed” at this time, although he did indicate that Reynolds had not taken his medication while in jail. The trial court again found Reynolds competent to proceed to trial.

Reynolds requested a third competency hearing on December 16, 1991. The court denied the request, and the trial convened on February 25, 1992. Prior to the commencement of testimony, Reynolds’ counsel reiterated that they believed Reynolds was not competent to stand trial and that they anticipated requesting further evaluation after the testimony of their expert at trial.

Reynolds testified in his own behalf at trial. Dr. James Moneypenny, a psychologist, also testified for the defense. Dr. Moneypenny stated that based on Reynolds’ medical records, the reports of Drs. Hall and Simon, and his own three examinations of Reynolds between November 1991 and February 1992, Reynolds was not competent to stand trial. Dr. Moneypenny testified that Reynolds’ testimony at trial showed “significant delusion.” In rebuttal, Dr. Hall testified .that petitioner was competent to stand trial, although Dr. Hall’s testimony did not specifically evaluate Reynolds’ condition on the day of trial. The trial court made no express findings concerning Reynolds’ competency.

The jury convicted Reynolds of the murder, and the conviction was upheld on appeal. Reynolds v. State, 310 Ark. 688, 840 S.W.2d 795 (1992). After the state courts denied his claims for post-conviction relief, Reynolds filed a petition for habeas corpus in the federal court under 28 U.S.C. § 2254.

The district court determined that circumstances had changed since the second competency hearing such that the trial court should have suspended the trial and granted Reynolds’ motion for a further evaluation. The district court concluded that a reasonable judge, situated as was the trial court judge, should have had a substantial doubt as to whether Reynolds had a rational understanding of the proceedings. The district court then ordered that the writ of habeas corpus be issued and that Reynolds be discharged unless the state elected to retry him.

II. DISCUSSION

A. Failure To Hold a Competency Hearing

“It is well established that the Due Process Clause of the Fourteenth Amend[*800] ment prohibits the criminal prosecution of a defendant who is not competent to stand trial.” Medina v. California, 505 U.S. 437, 439, 112 S.Ct. 2572, 2574, 120 L.Ed.2d 353 (1992) (citing Drope v. Missouri, 420 U.S. 162, 95 S.Ct. 896, 43 L.Ed.2d 103 (1975) and Pate v. Robinson, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815 (1966)). In order to be competent to stand trial one must have “the capacity to understand the nature and object of the proceedings against him, to consult with counsel, and to assist in preparing his defense.” Drope, 420 U.S. at 171, 95 S.Ct. at 903. A defendant is competent to stand trial if “he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding — and [if] he has a rational as well as factual understanding of the proceedings against him.” Dusky v. United States, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960).

“ ‘Competence to stand trial is rudimentary, for upon it depends the main part of those rights deemed essential to a fair trial, including the right to effective assistance of counsel, the rights to summon, to confront, and to cross-examine witnesses, and the right to testify on one’s own behalf or to remain silent without penalty for doing so.’ ” Cooper v. Oklahoma, — U.S. -, -, 116 S.Ct. 1373, 1376, 134 L.Ed.2d 498 (1996) (quoting Riggins v. Nevada, 504 U.S. 127, 139-40, 112 S.Ct. 1810, 1817, 118 L.Ed.2d 479 (1992) (Kennedy, J. concurring)). “[A]n erroneous determination of competence threatens a ‘fundamental component of our criminal justice system’ — the basic fairness of the trial itself.” Id. at-, 116 S.Ct. at 1381 (citation omitted).

To safeguard this due process guarantee, the Supreme Court has established a separate procedural due process right to a competency hearing. Drope, 420 U.S. at 172, 95 S.Ct. at 904; Griffin v. Lock-hart, 935 F.2d 926, 929 (8th Cir.1991). Due process requires the trial court to hold a competency hearing, either on motion or sua sponte, whenever evidence raises a “sufficient doubt” about the accused’s mental competency to stand trial.[4] Branscomb v. Norris, 47 F.3d 258, 261 (8th Cir.) (citing Griffin, 935 F.2d at 929), cert. denied, — U.S.-, 115 S.Ct. 2260, 132 L.Ed.2d 266 (1995); United States v. Day, 949 F.2d 973, 981 (8th Cir.1991). Any time evidence appears which raises a sufficient doubt about the accused’s mental competency, the trial court must order a competency hearing. See Speedy v. Wyrick, 702 F.2d 723, 727 (8th Cir.1983). As the Supreme Court noted in Drope, “[e]ven when a defendant is competent at the commencement of his trial, a trial court must always be alert to circumstances suggesting a change that would render the accused unable to meet the standards of competence to stand trial.” 420 U.S. at 181, 95 S.Ct. at 908.

While the Supreme Court has not described the precise quantum of proof necessary to establish sufficient doubt, it has indicated that the trial court should consider (1) evidence of irrational behavior by the accused, (2) the accused’s demeanor at trial, and (3) any prior medical opinion as to the mental competency of the accused to stand trial. Branscomb, 47 F.3d at 261; Griffin, 935 F.2d at 930; Speedy, 702 F.2d at 727. Additionally, the trial court may consider an express doubt by the accused’s attorney, although such doubt alone is not enough to establish sufficient doubt. Branscomb, 47 F.3d at 261; Griffin, 935 F.2d at 930.

On habeas review of a substantive competency claim, this court generally presumes that a state court’s factual finding of competency is correct. Weisberg v. Minnesota, 29 F.3d 1271, 1278 (8th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 935, 130 L.Ed.2d 880 (1995); Griffin, 935 F.2d at 930. But that presumption of correctness does not apply if the accused “did not receive a full, fair, and adequate hearing” or “was otherwise denied due process of law in the State court proceeding.” 28 U.S.C. § 2254(d)(6), (7) (1994); see also Griffin, 935 F.2d at 930.

On habeas review of a procedural competency claim, the court asks whether a[*801] reasonable judge, situated as was the trial court judge whose failure to conduct an evidentiary hearing is being reviewed, should have experienced doubt with respect to the defendant’s competency to stand trial. Branscomb v. Norris, 47 F.3d at 261; Griffin, 935 F.2d at 930. The habeas petitioner has the burden to prove that objective facts known to the trial court raised a sufficient doubt to require a competency hearing. Branscomb, 47 F.3d at 261; Speedy, 702 F.2d at 725.

The trial court held two competency hearings prior to trial at which it found Reynolds competent to stand trial. Reynolds does not challenge those substantive findings on appeal. Reynolds’ claim is that the trial court should have granted another hearing immediately prior to or during the trial. Thus the issue is not whether Reynolds was competent to stand trial, but whether the failure to hold a hearing to determine competency constituted a denial of due process. To require this third hearing, Reynolds must show facts such that a reasonable trial judge should have experienced doubt about the accused’s continued competency to stand trial. We agree with the determination of the district court that a reasonable judge, situated as was the trial court judge, should have had sufficient doubt as to Reynolds’ competency at the time of trial.

Reynolds’ meandering and irrational testimony at trial evidenced that his condition had deteriorated. During his testimony, Reynolds stated that the Defense Department was involved in his case and cited the Gulf War, among other things, as a reason for his being on trial. The following excerpt exemplifies Reynolds’ testimony:

Counsel: I understand that. That’s good. I’ve got volumes of things you’ve sent me, Willie. Can you just pick any one thing out and tell me how it relates to your case? Anything at all? I mean—
Reynolds: (No response from the witness).
Counsel: Is there anything? Can you point to any of the news clippings that you’ve sent me marked as exhibits? Why have you sent those to me?
Reynolds: Well, they deal with President Bush.
Counsel: Huh?
Reynolds: And really it is a balanced budget and reached no final decision by Washington or President Bush.
Counsel: What?
Reynolds: As far as a balanced budget. Granted by the government and the Reagan party.
Counsel: Do these things fit in with the incidents that happened surrounding you and Mae Paul?
Reynolds: Yes. Since Bill Clinton became governor again here in the state. Evidently, he’s just like New York governors or California governors, always increasing the taxes, double tax and everything. He increased (unintelligible). Well, criminality and terrorism happening almost daily here in Arkansas. It’s too far out of hand.
Counsel: And you — Again, in your statement to the police you mentioned the Defense Department. Do you think you have anything to do with the. Defense Department in this case right here?
Reynolds: Well, when I was a child here, born of my god here. Whenever I was born by my mother and father, he used to work for the State Department in Washington, D.C., and he was court appointed, acting judge in El Dorado. He also helps out the police academy training center in east Camden.

(App. at 169-70). Neither the psychiatric reports nor the testimony of the expert witnesses gave any indication that Reynolds may have been malingering.

The trial testimony of Dr. Moneypenny provided farther reason for the trial judge to doubt Reynolds’ competency on the day of trial. Dr. Moneypenny indicated that he agreed with Reynolds’ diagnosis as a chronic paranoid schizophrenic and stated that he believed that Reynolds was “significantly impaired.” ' (App.191). Dr. Moneypenny testified that Reynolds’ inability to talk for any length of time without unrelated or peripherally related ideas coming into the conversation “effectively obseur[ed] any substantive data gathering,” even for a person trained in counseling techniques. (App. at 189). He[*802] further stated that Reynolds’ thinking was “disordered and confused”, that “his ability to know what’s real and factual is impaired”, and that he was “dramatically influenced by his delusions” (App. at 190-91). Dr. Money-penny concluded:

I don’t think he can provide substantive assistance. His thinking is so affected by these delusions, these misperceptions of reality, this obsessive preoccupation with world events, political events, that even if they were accurate — Well, they’re not accurate, and that’s the whole point. He’s obsessively concerned with these things that he doesn’t understand and misperceives. It permeates all of his thinking. I don’t think he can be of substantial assistance because of that.

(App. at 191-92).

Dr. Moneypenny’s testimony, moreover, provides direct evidence of a change in Reynolds’ competency. Dr. Moneypenny based his testimony on his own examination of Reynolds, the reports of Drs. Hall and Simon, and Reynolds’ medical records. (App. at 185-86).

Counsel: Do you agree or disagree with Dr. Simon that Willie Reynolds is fit and ready to go to trial today?
Moneypenny: I disagree with that assessment.
Counsel: Do you have any particular and articulable reasons why you disagree that you could explain to the jury?
Moneypenny: I think the primary one is that I’ve seen him more recently, and even if I totally agreed with the previous report, his current behavior, I think, takes precedence on that issue.

(App. at 192-93). Dr. Moneypenny examined Reynolds on three occasions between November of 1991 and February of 1992. The last time Reynolds was examined at the state hospital was in August of 1991. Finally, Dr. Moneypenny stated that Reynolds’ testimony at trial showed significant delusions. (App. at 214).

Thus, at the time of trial, the trial court was aware that Reynolds had a serious mental illness, that Dr. Simon had previously testified that Reynolds’ competency was not clear cut, that Reynolds was no longer on medication, and that Reynolds had not been evaluated at the state hospital in almost six months. At the beginning of the trial, Reynolds’ counsel asserted that Reynolds was not competent to stand trial. Given these disquieting predicates, the two new factors, Reynolds’ incoherent testimony and the professional opinion of Dr. Moneypenny that Reynolds was delusional at trial, should have created sufficient doubt in the trial judge’s mind as to Reynolds’ continuing competency to stand trial. By failing to halt the trial and make a new determination of competency, the trial court violated Reynolds’ right to due process.

B. Appropriate Remedy

While the district court correctly concluded that the failure to hold a further competency hearing violated due process, the court’s determination that “it is impossible to conduct a nunc pro tunc competency hearing now” is not supported by the record. Under the particular circumstances present in this case, a post-conviction competency hearing is the appropriate remedy for the constitutional violation.

While we acknowledge that post-conviction determinations of competency are hampered by inherent difficulties, see Griffin, 935 F.2d at 931, we have held that a post-conviction competency hearing is proper so long as a meaningful hearing remains possible. Rhode v. Olk-Long, 84 F.3d 284 (8th Cir.1996); Harkins v. Wyrick, 552 F.2d 1308, 1311 (8th Cir.1977) (“If, however, a meaningful hearing on the question of competency is still possible, a nunc pro tunc competency hearing rather than a vacation of the conviction is the proper remedy for wrongful denial of a pretrial hearing.”) A “meaningful” determination is possible where the state of the record, together with such additional evidence as may be relevant and available, permits an accurate assessment of the defendant’s condition at the time of the original state proceedings. U.S. ex rel. Bilyew v. Franzen, 842 F.2d 189, 192 (7th Cir.1988).

[*803] When determining whether a meaningful hearing may be held, we look to the existence of contemporaneous medical evidence, the recollections of non-experts who had the opportunity to interact with the defendant during the relevant period, statements by the defendant in the trial transcript, and the existence of medical records. Wheat v. Thigpen, 793 F.2d 621, 630-31 (5th Cir.1986), cert. denied, 480 U.S. 930, 107 S.Ct. 1566, 94 L.Ed.2d 759 (1987). The passage of time is not an insurmountable obstacle if sufficient contemporaneous information is available. U.S. ex rel. Bilyew, 842 F.2d at 193.

Reynolds was treated and evaluated at the state hospital prior to trial. Those records, and the records of his extensive history of psychiatric problems, are available to the court. Drs. Simon and Hall, both of whom personally examined Reynolds, may also be available as witnesses to supplement these records. Dr. Moneypenny may also be available as a witness, and his testimony at trial concerning his examinations of Reynolds and his opinion as to Reynolds’ competency on the day of trial is contained in the trial transcript. Moreover, the trial transcript contains Reynolds’ own testimony. Finally, the witnesses, trial counsel, and other observers could testify as to Reynolds’ demean- or and conduct on the day of trial. Given the unusual amount of contemporaneous evidence specifically relating to Reynolds’ competency at the time of trial, we conclude that there exists a sufficient basis from which to make a retrospective competency determination.

III. CONCLUSION

Accordingly, we reverse and vacate the issuance of the writ as premature and remand the case to the district court to conduct a hearing on Reynolds’ competency at the time of trial.

1

Pursuant to an agreement between the parties, the matter was referred to a magistrate judge for disposition. See 28 U.S.C. § 636(c).

2

Reynolds’ forensic report indicated that this was his sixth admission to the Arkansas State Hospital since May of 1979. Reynolds was admitted to NAPA State Hospital in California in August 1977. He apparently had four admissions relating to alcohol abuse with the California Department of Mental Hygiene between June 3, 1969 and January 5, 1970. The report indicated that Reynolds' reluctance to sign release of .information forms made a complete psychiatric history difficult to compile.

3

A competency class reviews information about the roles of different courtroom participants and what constitutes appropriate behavior in the courtroom. The course also addresses other issues, including acquittal or nolle pressing charges, and different plea options that are available, including the insanity plea. (App. at A-63, 231-32).

4

Although other terms have been used to describe the quantum of doubt required to command a hearing, we have adopted the phrase "sufficient doubt” for the reasons set out in Griffin, 935 F.2d at 929 n. 2.

Dissent

HEANEY, Circuit Judge,

dissenting.

I respectfully dissent. I believe the district court should be affirmed and that Willie Reynolds should be granted a new trial. More than four years have elapsed since Reynolds’ state court trial. As thoroughly discussed by the majority, Reynolds’ trial testimony and the expert opinion of Dr. Moneypenny should have created sufficient doubt in the trial judge’s mind as to Reynolds’ competency to stand trial. Thus, I fully agree with the majority’s conclusion that the trial court violated Reynolds’ right to due process by proceeding to trial without a competency determination.

I disagree, however, that the appropriate remedy for the state court’s error is a competency hearing four years post-trial. We cannot now put the genie back in the bottle and make a meaningful determination as to what Reynolds’ mental state was in 1992. Rather, as the district court held, the appropriate remedy in this case is to reverse Reynolds’ conviction and permit the state to retry him if it is determined that Reynolds is presently competent to stand trial.