rational defense in Nebraska

2019A person is competent to plead or stand trial if he or she has the capacity to understand the nature and object of the proceedings against him or her, to comprehend his or her own condition in reference to such proceedings, and to make a rational defense.6 The competency standard includes both (1) whether the defendant has a rational as well as factual understanding of the proceedings against him or her and (2) whether the defendant has sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding.7 6 State v. Haynes, 299 Neb. 249 , 908 N.W.2d

2019A person is competent to plead or stand trial if he or she has the capacity to understand the nature and object of the proceedings against him or her, to comprehend his or her own condition in reference to such proceedings, and to make a rational defense.6 The competency standard includes both (1) whether the defendant has a rational as well as factual understanding of the proceedings against him or her and (2) whether the defendant has sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding.7 6 State v. Haynes, 299 Neb. 249 , 908 N.W.2d

2022A person is competent to plead or stand trial if he or she has the capacity to understand the nature and object of the proceedings against him or her, to comprehend his or her own condition in reference to such proceedings, and to make a rational defense. 3 The competency standard includes both (1) whether the defend­ ant has a rational as well as factual understanding of the pro- ceedings against him or her and (2) whether the defendant has sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding. 4 There are no fixed or immutable signs o

2022A person is competent to plead or stand trial if he or she has the capacity to understand the nature and object of the proceedings against him or her, to comprehend his or her own condition in reference to such proceedings, and to make a rational defense. 3 The competency standard includes both (1) whether the defend­ ant has a rational as well as factual understanding of the pro- ceedings against him or her and (2) whether the defendant has sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding. 4 There are no fixed or immutable signs o

1974In State v. Klatt, 187 Neb. 274 , 188 N. W. 2d 821 , we held that: “The test of mental competency to plead or stand trial is whether the defendant has capacity to understand the nature and object of the proceedings against him; to comprehend his own condition in reference to such proceedings and to make a rational defense.” At the evidentiary hearing on the motion to vacate, a record of the testimony of the trial on the rape charge was received.

1974In State v. Klatt, 187 Neb. 274 , 188 N. W. 2d 821 , we held that: “The test of mental competency to plead or stand trial is whether the defendant has capacity to understand the nature and object of the proceedings against him; to comprehend his own condition in reference to such proceedings and to make a rational defense.” At the evidentiary hearing on the motion to vacate, a record of the testimony of the trial on the rape charge was received.

2019A person is competent to plead or stand trial if he or she has the capacity to understand the nature and object of the proceedings against him or her, to comprehend his or her own condition in reference to such proceedings, and to make a rational defense.6 The competency standard includes both (1) whether the defendant has a rational as well as factual understanding of the proceedings against him or her and (2) whether the defendant has sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding.7 6 State v. Haynes, 299 Neb. 249 , 908 N.W.2d

2019A person is competent to plead or stand trial if he or she has the capacity to understand the nature and object of the proceedings against him or her, to comprehend his or her own condition in reference to such proceedings, and to make a rational defense.6 The competency standard includes both (1) whether the defendant has a rational as well as factual understanding of the proceedings against him or her and (2) whether the defendant has sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding.7 6 State v. Haynes, 299 Neb. 249 , 908 N.W.2d

2022A person is competent to plead or stand trial if he or she has the capacity to understand the nature and object of the proceedings against him or her, to comprehend his or her own condition in reference to such proceedings, and to make a rational defense. 3 The competency standard includes both (1) whether the defend­ ant has a rational as well as factual understanding of the pro- ceedings against him or her and (2) whether the defendant has sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding. 4 There are no fixed or immutable signs o

2022A person is competent to plead or stand trial if he or she has the capacity to understand the nature and object of the proceedings against him or her, to comprehend his or her own condition in reference to such proceedings, and to make a rational defense. 3 The competency standard includes both (1) whether the defend­ ant has a rational as well as factual understanding of the pro- ceedings against him or her and (2) whether the defendant has sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding. 4 There are no fixed or immutable signs o

2020We also find the district court did not abuse its discretion by sentenc- ing Lauhead within the statutory ranges for his convictions on both counts. 2 State v. Garcia, 302 Neb. 406 , 923 N.W.2d 725 (2019). 3 State v. Leahy, 301 Neb. 228 , 917 N.W.2d 895 (2018). - 706 - Nebraska Supreme Court Advance Sheets 306 Nebraska Reports STATE v. LAUHEAD Cite as 306 Neb. 701 Competency [3] A person is competent to plead or stand trial if he or she has the capacity to understand the nature and object of the proceedings against him or her, to comprehend his or her own condition in reference to such proceed

2020We also find the district court did not abuse its discretion by sentenc- ing Lauhead within the statutory ranges for his convictions on both counts. 2 State v. Garcia, 302 Neb. 406 , 923 N.W.2d 725 (2019). 3 State v. Leahy, 301 Neb. 228 , 917 N.W.2d 895 (2018). - 706 - Nebraska Supreme Court Advance Sheets 306 Nebraska Reports STATE v. LAUHEAD Cite as 306 Neb. 701 Competency [3] A person is competent to plead or stand trial if he or she has the capacity to understand the nature and object of the proceedings against him or her, to comprehend his or her own condition in reference to such proceed

2010See, State v. Crenshaw, 189 Neb. 780 , 205 N.W.2d 517 (1973); Dusky v. United States, 362 U.S. 402 , 80 S.Ct. 788 , 4 L.Ed.2d 824 (1960); State v. Klatt, 187 Neb. 274 , 188 N.W.2d 821 (1971).

2010See, State v. Crenshaw, 189 Neb. 780 , 205 N.W.2d 517 (1973); Dusky v. United States, 362 U.S. 402 , 80 S.Ct. 788 , 4 L.Ed.2d 824 (1960); State v. Klatt, 187 Neb. 274 , 188 N.W.2d 821 (1971).

2023GARCIA Cite as 315 Neb. 74 decision regarding competency will not be disturbed absent insufficient evidence to support that finding. 87 A person is competent to plead or stand trial if he or she has the capac- ity to understand the nature and object of the proceedings against him or her, to comprehend his or her own condition in reference to such proceedings, and to make a rational defense. 88 The competency standard includes both (1) whether the defend­ant has a rational as well as factual understanding of the proceedings against him or her and (2) whether the defend­ant has sufficient presen

2023State v. Garcia, ante p. 74, 994 N.W.2d 610 (2023).

2023State v. Saufley, 29 Neb.

2021Id. - 602 - Nebraska Court of Appeals Advance Sheets 29 Nebraska Appellate Reports STATE v. SAUFLEY Cite as 29 Neb.

2022A person is competent to plead or stand trial if he or she has the capacity to understand the nature and object of the proceedings against him or her, to comprehend his or her own condition in reference to such proceedings, and to make a rational defense. 3 The competency standard includes both (1) whether the defend­ ant has a rational as well as factual understanding of the pro- ceedings against him or her and (2) whether the defendant has sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding. 4 There are no fixed or immutable signs o

2022A person is competent to plead or stand trial if he or she has the capacity to understand the nature and object of the proceedings against him or her, to comprehend his or her own condition in reference to such proceedings, and to make a rational defense. 3 The competency standard includes both (1) whether the defend­ ant has a rational as well as factual understanding of the pro- ceedings against him or her and (2) whether the defendant has sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding. 4 There are no fixed or immutable signs o

2022A person is competent to plead or stand trial if he or she has the capacity to understand the nature and object of the proceedings against him or her, to comprehend his or her own condition in reference to such proceedings, and to make a rational defense. 3 The competency standard includes both (1) whether the defend­ ant has a rational as well as factual understanding of the pro- ceedings against him or her and (2) whether the defendant has sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding. 4 There are no fixed or immutable signs o

2022A person is competent to plead or stand trial if he or she has the capacity to understand the nature and object of the proceedings against him or her, to comprehend his or her own condition in reference to such proceedings, and to make a rational defense. 3 The competency standard includes both (1) whether the defend­ ant has a rational as well as factual understanding of the pro- ceedings against him or her and (2) whether the defendant has sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding. 4 There are no fixed or immutable signs o

2022John has the capacity to understand the nature and object of the proceedings - 963 - Nebraska Supreme Court Advance Sheets 310 Nebraska Reports STATE v. JOHN Cite as 310 Neb. 958 against him, to comprehend his own condition in reference to such proceedings, and to make a rational defense.” John waived his right to a jury trial, and the matter pro- ceeded to a bench trial.

2022John has the capacity to understand the nature and object of the proceedings - 963 - Nebraska Supreme Court Advance Sheets 310 Nebraska Reports STATE v. JOHN Cite as 310 Neb. 958 against him, to comprehend his own condition in reference to such proceedings, and to make a rational defense.” John waived his right to a jury trial, and the matter pro- ceeded to a bench trial.

2020Despite Lang’s mental health diagnoses and her occasional emotional responses in the courtroom, the record contains 21 State v. Lassek, 272 Neb. 523 , 723 N.W.2d 320 (2006). 22 See, State v. Grant, 293 Neb. 163 , 876 N.W.2d 639 (2016); Cortez, supra note 4 .

2016Stat. § 29-1823 (1) (Reissue 2008).49 A person is 48 Walker, supra note 6 . 49 State v. Jones, 258 Neb. 695 , 605 N.W.2d 434 (2000). - 195 - Nebraska A dvance Sheets 293 Nebraska R eports STATE v. GRANT Cite as 293 Neb. 163 competent to plead or stand trial if he or she has the capacity to understand the nature and object of the proceedings against him or her, to comprehend his or her own condition in refer- ence to such proceedings, and to make a rational defense.50 A defendant’s derangement or lack of mental ability is not suf- ficient to prove incompetence to stand trial.51 In support of Gr

2006State v. Hittle, 257 Neb. 344 , 598 N.W.2d 20 (1999).

2006State v. Hittle, 257 Neb. 344 , 598 N.W.2d 20 (1999).

1982State v. Guatney, 207 Neb. 501 , 299 N.W.2d 538 (1980).

1982State v. Guatney, 207 Neb. 501 , 299 N.W.2d 538 (1980).

2025State v. Haas, 317 Neb. 919 , 12 N.W.3d 787 (2024).

2023HARMS Cite as 315 Neb. 445 cited precedent to the effect that the question of competence refers to whether defendants have the capacity to understand the nature and object of the proceedings against them, to com- prehend their own condition in reference to such proceedings, and to make a rational defense.

2023We see Harms’ allegations of his trial counsel’s failure to investigate his competency to enter a plea as similar to those raised in State v. Privett, 303 Neb. 404 , 929 N.W.2d 505 (2019).

2023We see Harms’ allegations of his trial counsel’s failure to investigate his competency to enter a plea as similar to those raised in State v. Privett, 303 Neb. 404 , 929 N.W.2d 505 (2019).

2020We also find the district court did not abuse its discretion by sentenc- ing Lauhead within the statutory ranges for his convictions on both counts. 2 State v. Garcia, 302 Neb. 406 , 923 N.W.2d 725 (2019). 3 State v. Leahy, 301 Neb. 228 , 917 N.W.2d 895 (2018). - 706 - Nebraska Supreme Court Advance Sheets 306 Nebraska Reports STATE v. LAUHEAD Cite as 306 Neb. 701 Competency [3] A person is competent to plead or stand trial if he or she has the capacity to understand the nature and object of the proceedings against him or her, to comprehend his or her own condition in reference to such proceed

2020We also find the district court did not abuse its discretion by sentenc- ing Lauhead within the statutory ranges for his convictions on both counts. 2 State v. Garcia, 302 Neb. 406 , 923 N.W.2d 725 (2019). 3 State v. Leahy, 301 Neb. 228 , 917 N.W.2d 895 (2018). - 706 - Nebraska Supreme Court Advance Sheets 306 Nebraska Reports STATE v. LAUHEAD Cite as 306 Neb. 701 Competency [3] A person is competent to plead or stand trial if he or she has the capacity to understand the nature and object of the proceedings against him or her, to comprehend his or her own condition in reference to such proceed

2020We also find the district court did not abuse its discretion by sentenc- ing Lauhead within the statutory ranges for his convictions on both counts. 2 State v. Garcia, 302 Neb. 406 , 923 N.W.2d 725 (2019). 3 State v. Leahy, 301 Neb. 228 , 917 N.W.2d 895 (2018). - 706 - Nebraska Supreme Court Advance Sheets 306 Nebraska Reports STATE v. LAUHEAD Cite as 306 Neb. 701 Competency [3] A person is competent to plead or stand trial if he or she has the capacity to understand the nature and object of the proceedings against him or her, to comprehend his or her own condition in reference to such proceed

2020Despite Lang’s mental health diagnoses and her occasional emotional responses in the courtroom, the record contains 21 State v. Lassek, 272 Neb. 523 , 723 N.W.2d 320 (2006). 22 See, State v. Grant, 293 Neb. 163 , 876 N.W.2d 639 (2016); Cortez, supra note 4 .

2020Despite Lang’s mental health diagnoses and her occasional emotional responses in the courtroom, the record contains 21 State v. Lassek, 272 Neb. 523 , 723 N.W.2d 320 (2006). 22 See, State v. Grant, 293 Neb. 163 , 876 N.W.2d 639 (2016); Cortez, supra note 4 .

2016Jur. 2d Criminal Law § 90 (2016). - 10 - Nebraska Supreme Court A dvance Sheets 295 Nebraska R eports STATE v. MARTINEZ Cite as 295 Neb. 1 now has the capacity to understand the nature and object of the proceedings against him or her, to comprehend his or her own condition in reference to such proceedings, and to make a rational defense.10 As an initial matter, Martinez argues—as he did with respect to the denial of his motion to suppress—that the district court erred in admitting the testimony of lay witnesses on the issue of his competency.

2016Stat. § 29-1823 (1) (Reissue 2008).49 A person is 48 Walker, supra note 6 . 49 State v. Jones, 258 Neb. 695 , 605 N.W.2d 434 (2000). - 195 - Nebraska A dvance Sheets 293 Nebraska R eports STATE v. GRANT Cite as 293 Neb. 163 competent to plead or stand trial if he or she has the capacity to understand the nature and object of the proceedings against him or her, to comprehend his or her own condition in refer- ence to such proceedings, and to make a rational defense.50 A defendant’s derangement or lack of mental ability is not suf- ficient to prove incompetence to stand trial.51 In support of Gr

2016Stat. § 29-1823 (1) (Reissue 2008).49 A person is 48 Walker, supra note 6 . 49 State v. Jones, 258 Neb. 695 , 605 N.W.2d 434 (2000). - 195 - Nebraska A dvance Sheets 293 Nebraska R eports STATE v. GRANT Cite as 293 Neb. 163 competent to plead or stand trial if he or she has the capacity to understand the nature and object of the proceedings against him or her, to comprehend his or her own condition in refer- ence to such proceedings, and to make a rational defense.50 A defendant’s derangement or lack of mental ability is not suf- ficient to prove incompetence to stand trial.51 In support of Gr

1999State v. Lyman, 241 Neb. 911 , 492 N.W.2d 16 (1992).

1999State v. Lyman, 241 Neb. 911 , 492 N.W.2d 16 (1992).

1992State v. Bradford, 223 Neb. 908 , 395 N.W.2d 495 (1986).

1992State v. Bradford, 223 Neb. 908 , 395 N.W.2d 495 (1986).

1992The defendant in State v. Boston, 187 Neb. 388 , 191 N.W.2d 452 (1971), presented similar circumstances.

1992The defendant in State v. Boston, 187 Neb. 388 , 191 N.W.2d 452 (1971), presented similar circumstances.