green
Positive treatment
Quoted verbatim 4×
20.3 score
G Cite
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987
2006
2026
Top citers, strongest first. 24 distinct citers.
examined
Cited as authority (quoted)
State v. Hardin
incompetency must not be equated with mere mental or emotional instability or even with outright insanity. a defendant may be emotionally disturbed or even psychotic and still be capable of understanding the charges against him and of assisting his counsel.
discussed
Cited as authority (quoted)
State v. Butler
a defendant may be emotionally disturbed or even psychotic and still be capable of understanding the charges against him and of assisting counsel.
discussed
Cited as authority (quoted)
State v. Parks
a defendant may be emotionally disturbed or even psychotic and still be capable of understanding the charges against him and of assisting counsel.
discussed
Cited as authority (quoted)
State v. McClendon
a defendant may be emotionally disturbed or even psychotic and still be capable of understanding the charges against him and of assisting counsel.
cited
Cited as authority (rule)
State v. Shanklin
Brock at 110, 502 N.E.2d 1016 ; State v. Hicks, 43 Ohio St.3d 72, 79 , 538 N.E.2d 1030, 1038 (1989).
discussed
Cited as authority (rule)
State v. Merryman
A defendant may be emotionally disturbed or even psychotic and still be capable of understanding the charges against him and of assisting his counsel.” State v. Bock, 28 Ohio St.3d 108, 110 , 502 N.E.2d 1016, 1019 (1986).
discussed
Cited as authority (rule)
State v. Were
However, “[c]ommon sense dictates that no defendant can make a record of lack of competency absent the findings and hearings contemplated by R.C. 2945.37 and 2945.371.” Bock, 28 Ohio St.3d at 113 , 28 OBR at 212, 502 N.E.2d at 1021 (Wright, J., dissenting).
discussed
Cited as authority (rule)
State v. Were
However, “[c]ommon sense dictates that no defendant can make a record of lack of competency absent the findings and hearings contemplated by R.C. 2945.37 and 2945.371.” Bock, 28 Ohio St.3d at 113 , 28 OBR at 212, 502 N.E.2d at 1021 (Wright, J., dissenting). {¶ 18} Based on these facts, we conclude that the trial court violated appellant’s constitutional and statutory right to a competency hearing.
examined
Cited "see"
State v. Mills
(5×)
also: Cited "see, e.g."
See Bock, 28 Ohio St.3d at 110 - 111, 502 N.E.2d 1016 ; Berry, 72 Ohio St.3d at 362 , 650 N.E.2d 433 . {¶ 22} Mills points to several instances that he suggests are indicia of his incompetency.
discussed
Cited "see"
State v. Mills
See State v. Lawson, 165 Ohio St.3d 445 , 2021-Ohio-3566 , 179 N.E.3d 1216, ¶ 67 , citing Bock, 28 Ohio St.3d at 110 , 502 N.E.2d 1016 . {¶ 28} We find that appellant’s first assignment of error is not well-taken.
cited
Cited "see"
State v. Lawson (Slip Opinion)
See Bock, 28 Ohio St.3d at 109 , 502 N.E.2d 1016 ; R.C. 2945.37(B).
cited
Cited "see"
State v. Johnson
See State v. Bock, 28 Ohio St.3d 108, 110 , 502 N.E.2d 1016 (1986).
discussed
Cited "see"
State v. Morris
See State v. Bock, 28 Ohio St.3d 108 , 502 N.E.2d 1016 (1986) (court’s failure to conduct competency hearing harmless error where defendant participated in trial, offered his own testimony, and the record failed to reveal sufficient indicia of incompetency). {¶10} Similarly, in the instant case, the issue of competency was raised prior to trial.
discussed
Cited "see"
State v. Pigge
See State v. Bock (1986), 28 Ohio St.3d 108, 109 , 502 N.E.2d 1016 (stating that “the right to a hearing on the issue of incompetency rises to constitutional proportions only when the record contains sufficient indicia of incompetency * * * such that a formal inquiry into defendant’s competency is necessary to protect his right to a fair trial”).
discussed
Cited "see"
State v. Murphy
See Bock at 110-111, 28 OBR 207, 502 N.E.2d 1016 ; State v. Eley (1996), 77 Ohio St.3d 174 , 183-184, 672 N.E.2d 640 , superseded by amendment on other grounds; State v. Bass, 2004-Ohio-2532 , 2004 WL 1109878 , at ¶ 7 (the inquiry of whether the disallowance of a competency hearing is reversible error must be approached on a case-by-case basis).
cited
Cited "see"
State v. Eley
See State v. Bock (1986), 28 Ohio St.3d 108 , 28 OBR 207, 502 N.E.2d 1016 , paragraph one of the syllabus.
cited
Cited "see"
State v. Eley
See State v. Bock (1986), 28 Ohio St.3d 108 , 28 OBR 207, 502 N.E.2d 1016 , paragraph one of the syllabus.
cited
Cited "see"
State v. Bekesz
See State v. Bock (1986), 28 Ohio St.3d 108 , 28 OBR 207, 502 N.E.2d 1016 .
discussed
Cited "see, e.g."
State v. Haynesworth
Cuyahoga No. 89136, 2007-Ohio-6831 ; see also State v. Bock, 28 Ohio St.3d 108 , 502 N.E.2d 1016 (1986) (A defendant may be emotionally disturbed or even psychotic and still be capable of understanding the charges against him or her and be able to assist counsel.). {¶13} A defendant is presumed competent to stand trial unless it is established that the defendant is unable to understand the nature and objective of the proceedings or cannot assist in his or her own defense.
cited
Cited "see, e.g."
Strongsville v. Petronzio
See also State v. Bock, 28 Ohio St.3d 108, 110 , 502 N.E.2d 1016 (1986). (“Incompetency must not be equated with mere mental illness or emotional instability or even with outright insanity.
discussed
Cited "see, e.g."
State v. Dowdy
See, e.g., State v. Bock, 28 Ohio St.3d 108 , 502 N.E.2d 1016 (1986), (court’s failure to conduct competency hearing was harmless error where defendant participated in trial, offered his own testimony, and the record failed to reveal sufficient indicia of incompetency).
discussed
Cited "see, e.g."
State v. Jones, Unpublished Decision (5-12-2006)
See, also, Drope, 420 U.S. at 172 , 95 S.Ct. 896 . 5 Berry, 72 Ohio St.3d at 359-360 , 1995-Ohio-310 , 650 N.E.2d 433 , citing Drope, 420 U.S. 162 , 95 S.Ct. 896 , Pate, 383 U.S. 375 , 86 S.Ct. 836 , and State v. Bock (1986), 28 Ohio St.3d 108 , 110 , 502 N.E.2d 1016 . 6 R.C. 2945.37 (G). 7 Berry, 72 Ohio St.3d at 359-360 , 1995-Ohio-310 , 650 N.E.2d 433 , citing State v. Chapin (1981), 67 Ohio St.2d 437 , 424 N.E.2d 317 . 8 Id., citing State v. Rahman (1986), 23 Ohio St.3d 146 , 156 , 492 N.E.2d 401 . 9 See Strickland v. Washington (1984), 466 U.S. 668 , 104 S.Ct. 2052 . 10 Id. at 687-688 . 1…
Hanscel
v.
Watters
v.
Watters
No. 86-592.
Ohio Supreme Court.
Dec 24, 1986.
502 N.E.2d 1016
Matan & Smith, Eugene L. Matan and James D. Coiner, for appellant., Bricker & Eckler, Richard T. Taps and Martha Post Baxter, for ap-pellees.
Brown, Celebrezze, Douglas, Holmes, Locher, Sweeney, Wright.
Published
Citer courts: Ohio Court of Appeals (4)
The judgment of the court of appeals in case No. 85AP-743 is hereby affirmed on authority of Evans v. Chapman (1986), 28 Ohio St. 3d 132, decided this day.