ADRIAN LAMAR GRAHAM
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A trial court must hold an independent hearing and issue a written order finding that a defendant has been restored to competence before proceeding to trial.
[1] When a defendant has been found incompetent to stand trial, the trial court must conduct an independent hearing and enter a written order finding restoration to competenc…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAppellant was found incompetent to stand trial, but a psychologist later opined that he was competent. The trial court proceeded to trial relying on t…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Pretrial Procedure cases and more on FLexlaw
psychologist’s opinion that Appellant was competent to proceed. However, the record contains no transcript or other indication of an independent hearing or written order by the court finding that Appellant had been restored to competence prior to the trial. Under these circumstances, proceeding to trial violated Appellant’s due process rights and reversal is required. Dougherty v. State, 149 So. 3d 672 (Fla. 2014). The case is remanded for further proceedings in light of Blaxton v. State, 188 So. 3d 48 (Fla. 1st DCA 2016) and Belizaire v. State, 188 So. 3d 933 (Fla. 1st DCA 2016). REVERSED and REMANDED. B.L. THOMAS, C.J., and BILBREY and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Andy Thomas, Public Defender, and Lori A. Willner, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Samuel B. Steinberg, Assistant Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Dougherty v. State, 149 So. 3d 672 (Fla. 2014)
- Belizaire v. State, 188 So. 3d 933 (Fla. 1st DCA 2016)
- Blaxton v. State, 188 So. 3d 48 (Fla. 1st DCA 2016)