State v. Jones

Citations

• 2017 Ohio 5517

Syllabus

COMPETENCY - EVIDENCE - CONSTITUTIONAL LAW/CIVIL: Former R.C. 2945.39, which allowed the trial court to retain jurisdiction over an incompetent defendant where there was not a substantial probability that the defendant would become competent to stand trial within one year was \manifestly civil in its intent.\ A police officer's testimony about the victim's statements was sufficient to prove by clear and convincing evidence that the incompetent defendant had committed three counts of rape and one count of attempted rape, and therefore, the trial court did not err in retaining jurisdiction over the defendant under former R.C. 2945.39. The trial court's reliance on hearsay in determining if clear and convincing evidence showed that the incompetent defendant had committed the charged offenses was not error, because the applicable statute gave the court the discretion to consider all relevant evidence, and because the defendant forfeited any error by failing to object. The trial court's reliance on hearsay did not violate the incompetent defendant's right to confront the witnesses against him: the Ohio Supreme Court has held that because former R.C. 2945.39 was civil in nature, a person committed under that statute need not have been afforded the constitutional rights afforded to a defendant in a criminal prosecution, and the defendant forfeited any error by failing to raise the issue in the trial court.